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State of Indiana 



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UNITED STATES OF AMERICA. 



Ill|l 



THE GOVERNMENT 



OF THE 



STATE OF INDIANA 



For Use in the Public Schools 



By WILLIAM W. THORNTON 

Attorney-at-Law 



TERRE HAUTE 
THE INLAND PUBLISHING COMPANY 

1898 



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23186 



Copyrighted by 
WILLIAM W. THORNTON 



tWO COPIES REC~IVED, 




-BECKTOLD- 

PRINTING AND BOOK MFG. CO. 

ST. LOUIS, MO. 






PREFACE. 



This volume is my contribution to the youth of the 
State of Indiana, If it shall teach them a better knowledge 
of the laws and institutions and enable them to become bet- 
ter citizens of this State, I shall be amply repaid. I have 
endeavored to be so plain that the simplest mind could 
understand me. All technicalities and technical expressions 
have been studiously avoided. Perhaps the book contains 
technical inaccuracies; but that is the necessary result, if there 
be any, of the attempt to use plain and simple language. 
My constant effort has been to make the subject attractive to 
the reader, and to relieve it of dry and unnecessary details. 
In every school there should be a recent edition of the 
Statutes of this State, to be used as a reference book, the 
same as an ordinary dictionary is used. 

WILLIAM W. THORNTON. 
Indianapolis, Ind., July 1, 1898. 



TABLE OF CONTENTS. 



Chap. 

1. Historical Sketch 7 

2. Present Constitution— Bill of Rights 19 

3. Distribution of Powers 36 

4. General Assembly 39 

5. Governor 53 

6. Lieutenant : GoverDor 69 

7. Secretary of State 71 

8. Auditor of State 76 

9. Treasurer of State*. 79 

10. Attorney-General 82 

11. State Board of Health 84 

12. State Geologist 85 

13. Bureau of Statistics 86 

14. Board of State Charities . . 87 

15. Commissioner of Fisheries 88 

16. State Librarian 89 

17. State Benevolent Institutions 91 

18. Counties 96 

19. Townships . 109 

20. Towns 112 

21. Cities 116 

22. Prisons 124 

23. The Poor 130 

24. Roads or Highways 133 



vi CONTENTS. 

25. Drainage 142 

26. Education 144 

27. Elections 155 

28. Militia 163 

29. Taxes 167 

30. Courts 178 

31. Miscellaneous 193 

Appendix A 202 

Appendix B 236 



THE GOVERNMENT OF INDIANA. 



CHAPTER I. 
HISTORICAL SKETCH. 

1. Early Explorers. 

It was more than one hundred and sixty years after 
Columbus discovered America before a white man's foot 
pressed any of the soil of the territory now forming the State 
of Indiana. It cannot be said to-day who were the first 
white men to enter the present boundaries of the State; but 
the first known white man was a Frenchman, called Robert 
Cavalier, Sieur de la Salle. In history he is usually called 
"La Salle." He first explored some parts of Indiana in 
1669, probably as far as where the city of Louisville, in Ken- 
tucky, is now situated. For ten years after this time he was 
possibly not within this present State, although traders with 
the Indians no doubt made frequent trading trips to it. La 
Salle came from Canada, then governed by the French, but 
was born in France. After 1679 he made several trips to 
this State, probably passing up and down the Wabash river 
(then and for a long time called "Oua-bache"), until he 
was assassinated in 1687. 

2. First Settlements. 

By reason of these first explorations of La Salle, and 
also of other Frenchmen, the French government claimed the 



S THE GOVERNMENT OF INDIANA. 

ownership of all the country west of the Alleghany Moun- 
tains, down the Mississippi river to the Gulf of Mexico. 
The French king gave the exclusive right to trade with the 
Indians in all this vast region, except the northern part, in 
1712, to a favorite, who proceeded to establish some colonies 
in that part of the region now within the boundaries of the 
State of Louisiana. In time the French established forts or 
settlements on the eastern bank of the Mississippi river, 
opposite but below where St. Louis is now situated, within 
the present boundaries of Illinois. The oldest of these was 
Kas-kas'-ki-a, established about 1712, and which became quite 
a town. Some fifteen miles up the river, near together, were 
Prairie de Rocher, Fort Chartres and St. Phillips; and still 
further north, near where St. Louis now is, was Ca-ho'-ki-a. 
Some of these were established before and some after the first 
settlement was made within the present limits of Indiana. 
Of course, in that day there was no Illinois, no Indiana, nor 
any of the present western States. The earliest place settled 
within the present boundaries of this State was Ouiatanon 
(We-aw'-ta-non), in 1720. It was a trading point and after- 
wards a fort, established by the French, and was situated 
within a few yards of the north bank of the Wabash river, 
and about eighteen miles west of the mouth of the Tippeca- 
noe river, or four miles west of where the city of Lafayette is 
now situated. It disappeared more than one hundred years 
ago. The second place was Vincennes, in 1727. It was 
named after a Frenchman of that name, who founded it. At 
first it was a mere trading point, frequently called ' l Post Vin- 
cennes," or " The Post," "Old Post," or "Au Post." In 
time a fort was built there. Unlike the early settlements in 
Illinois, Vincennes has retained much of the prominence it 
achieved in the early days, and is now a beautiful city. It 



HISTORICAL SKETCH. 

was built near an Indian village, called u Chip-kaw'-kay." 
The third settlement was Fort Miamis, near the present site 
of Fort Wayne. Only Vincennes really became a town; the 
two others were mere forts. Vincennes was governed by the 
French authorities of Louisiana, and Ouiatanon and Fort 
Miamis by those of Canada, the country being divided by a 
line running east and west three or four miles north of the 
present site of Terre Haute. 

3. Country Surrendered to the English. 

In time, war came on between the English and French, 
resulting in the conquering of Canada by the English in 1760, 
and the surrender by 1763 of all the territory occupied by the 
French east of the Mississippi, except a small part of Louisi- 
ana. The English attempted to deprive the French residing 
in the conquered territory of their lands, but this raised such 
an outcry that it was agreed they should not be disturbed. 
The French inhabitants, however, did not own much land, 
only a few hundred acres around each post or fort, 

4. Conquest of the Northwest. 

The English did not long enjoy the country they had 
taken from the French. In 1775 the War of the Revolution 
began; and in 1776 the Declaration of Independence was 
adopted. After that there was no longer any hope of the 
American colonies re-uniting with the mother country. In 
1777 the State of Virginia decided that it would drive the 
British out of all the territory lying northwest of the Ohio 
river, now covered by the States of Ohio, Indiana, Illinois, 
Michigan and Wisconsin; and for that purpose, in 1778, it 
authorized Col. George Rogers Clark to raise seven companies 
of men. He recruited 153 men. Because of his success 



10 THE GOVERNMENT OF INDIANA. 

on this expedition Col. Clark was afterwards given the com- 
mission of a General. He gathered his troops on Corn Island, 
in the Ohio river, opposite the present site of the city of 
Louisville, and started down that river on June 24th, 1778. 
He captured Kaskaskia on July Fourth, and the other 
French towns in that vicinity a few days afterward. At that 
time there were no British troops at Vincennes, and Col. Clark 
sent an officer and a few men to take charge of the place. 
This they did, but shortly after the place was re-taken by 
Col. Hamilton of the British army. In the following Febru- 
ary Clark resolved to march across the country now compris- 
ing the State of Illinois, and recapture Vincennes. This was 
a distance of 175 miles. There were no roads or bridges then; 
and the men often had to wade breast deep in water, after 
breaking the thin ice in order to do so. It took eighteen days 
to make the trip; and on February 25th, 1779, the British 
troops, after a day's and night's fighting, surrendered the 
fort, which was then called "Fort Sackville." At that time 
there were no English troops nearer than Detroit; so that al- 
most the entire territory, now comprising the five great States 
named, was wrested from British control. When peace was 
secured by treaty between the United States and Great Brit- 
ain in 1783, the Americans insisted that the country thus 
conquered by Col. Clark should become a part of the United 
States; and it was so agreed. If Col. Clark had not con- 
quered this great territory, it would have remained a British 
possession; and we to-day would probably have belonged to 
Great Britain and not to the United States. 

5. The Northwest Territory. 

After Virginia had conquered this territory, it appointed 
officers to govern it, establishing Vincennes as the seat of 



HISTORICAL SKETCH. 11 

government. The whole territory was known as "Illinois 
County." As a reward to Clark and his troops that State 
gave them 149,000 acres of land in what is now Jefferson, 
Clark and Scott Counties. This tract of land was surveyed 
differently from other lands, as one can readily see by exam- 
ining a large map of Indiana; and to this day it is known in 
history and the laws of this state as "Clark's Grant." After 
the treaty of peace with Great Britain, it was thought best 
that the United States should own the conquered territory, and 
so the Virginia Legislature ordered that the right of that State 
be released. Accordingly a deed for this entire tract of land 
was made to the United States. Two of the men who signed 
this deed afterwards became presidents of the United States; 
they were Thomas Jefferson and James Monroe. This deed 
was made March 1, 1784. Near the same time the States of 
Massachusetts, Connecticut and New York released claims 
they had on certain portions of this territory, except a large 
tract now a part of northern Ohio which Connecticut re- 
served, and which is to this day called the "Western Re- 
serve. ' ' In the Virginia deed the territory conveyed is de- 
scribed as the ' ' Territory North- Westward of the River Ohio, ' ' 
and ever since it has been known as the "Northwest Terri- 
tory." 

6. Government of the Northivcst Territory. 

After the United States received title to this Territory, 
Congress in 1784 passed a law for its temporary government: 
and in 1787 passed another law for its permanent govern- 
ment, which is known in history as the " Ordinance of 1787." 
The great feature of this ordinance is that it prohibited slav- 
ery in the Territory, and eventually caused the five great 
States of Ohio, Indiana, Illinois, Michigan and Wisconsin to 



12 THE GOVERNMENT OF INDIANA. 

remain free States. No government of a permanent charac- 
ter was established in the Territory by the United States until 
July, 1788, when Major General Arthur St. Clair as Governor 
arrived at Marietta, Ohio, then only three months old. This 
was the capital of all this great Territory. Afterwards Cin- 
cinnati became the capital. It was then often called "Fort 
Washington, ' ' from the fort of that name built there. Nearly 
all the territory now in Indiana was formed into one county, 
called "Knox County." This county also embraced a part 
of the present state of Illinois. Vincennes was the county 
seat. . 

7. Indiana Territory. 

In 1800, Congress divided the Northwest Territory by a 
line very near where the dividing line is now between Ohio 
and Indiana, All the portion east of the line was called the 
"Northwest Territory;" and all the portion west, "Indiana 
Territory." Vincennes, then called "Saint Vincennes," was 
made the capital of Indiana Territory. William Henry Har- 
rison, who afterwards became President of the United States, 
was appointed Governor. He was, therefore, our first Terri- 
torial Governor. At that time there was no Legislature, the 
Governor and judges of the court adopting such laws as they 
thought were needed. There was only one court, but it had 
several judges. John Gibson acted as Governor for nearly a 
year and then William Henry Harrison assumed the office 
and served until 1812, when Thomas Posey was appointed 
in his place. In 1805 enough people had settled in Indiana 
Territory to authorize the election of a Legislature, and that 
was done. The Legislature met at Vincennes February 1, 
1805, and passed a number of laws. In this year nearly all 
the country now comprising the State of Michigan was cut off 



HISTORICAL SKETCH. 13 

from Indiana Territory, and called "Michigan Territory." 
It had been known as "Wayne County." In 1809 Indiana 
Territory suffered a further reduction in size, when all the 
country west of the present boundary line of the State of • 
Indiana was cut off and called ' l Illinois Territory. ' ' Vin- 
cennes continued to be the capital of Indiana Territory until 
1813, when it was moved to Corydon,. in Harrison county. 
The building then erected for the use of the territorial officers 
and the Legislature is still standing and is used as a court- 
house for Harrison county. 

8. Slaves. 

There were slaves in those days in Indiana, although it 
was supposed that the Ordinance of 1787 forbade slavery. 
The first slaves were owned by the French inhabitants when 
this part of the country was under the French control. They 
were treated kindly by their owners; and they enjoyed al- 
most as much freedom as if they had been free. In 1800 
there were 175 slaves in Indiana; in 1810 the number was 
237; in 1820 the number was 190, although Indiana was 
then a State; and in 1840 there were 3. These slaves, after 
1787, were held in defiance of the law. 

9. The First Newspaper. 

The first newspaper published in the State was called 
"The Indiana Gazette," and was first published at Vin- 
cennes, July 4, 1804. Three years later its name was changed 
to the "Western Sun." Complete copies of these papers are 
still in existence. Their first editor was Elihu Stout, a man 
whose name is connected with much of the early history of 
this State, for he was a long time the State Printer. 



14 THE GOVERNMENT OF INDIANA. 

10. Tippecanoe Battle. 

The only battle of any prominence in history, that has 
been fought in Indiana, except the capture of Vincennes by 
Col. Clark, was the Battle of Tippecanoe. In 1811 the In- 
dians began to form a confederacy to drive the whites out of 
the State, or at least out of all except the extreme southern 
part. General William Henry Harrison, at the direction of 
the United States, marched with a force of nine hundred 
men into the Indian country. Early on the morning of 
November 7, 1811, he was surprised at a place where the 
army had encamped for the night, six miles northeast of the 
present site of Lafayette, on a rising piece of ground on the 
bank of a creek, now called "Burnett's Creek." After a 
severe battle with the Indians, they were defeated and their 
power in this State forever broken. The Americans lost 37 
killed, and 151 wounded, 25 of whom afterwards died of 
their wounds. The State has long owned this Battle Ground. 
The present constitution makes it the duty of the General 
Assembly to provide for its permanent inclosure and preser- 
vation. This has been done, and a high iron fence incloses 
the site of the battle. In one grave on this ground many of 
the whites that were slain were buried. 

11. Becoming a State. 

By the year 1815 Indiana had enough inhabitants to 
become a State. A census was taken and it was found that 
the number was 63,897. On December 14, 1815, the Terri- 
torial Legislature petitioned Congress that the Territory be 
admitted as a State; and on April 19, 1816, Congress passed 
a law defining the boundaries of the proposed State, and pro- 
viding for the election of representatives to form a constitu- 
tion for it. The election was held on the second Monday of 



HISTORICAL SKETCH. 15 

the following month. The representatives thus elected met 
at Cory don June 10, and formed the State's first constitution, 
known as the "Constitution of 1816. " As the weather was 
warm most of their sessions were held under a great elm tree, 
still standing in that town. 

The Convention completed its work in eighteen days. 
The last day of the session it accepted the propositions con- 
tained in the Act of Congress of April 19th. On the first 
Monday of August, of the same year, a general election for 
State officers and members of the General Assembly was held. 
Jonathan Jennings was chosen Governor; and thus became 
the first Governor of the State. William Henry Harrison, as 
has been stated, was the first Governor of Indiana Territory. 
On the 7th the Governor was sworn into office. The Gen- 
eral Assembly met on November 9th, and elected James 
Noble and Wallace Taylor as Indiana's first United States 
Senators. On December 11th, 1816, Indiana was formally 
admitted by Congress as one of the United State?. 

12. The State of Indiana. 

The State of Indiana is 276 miles long in its extreme 
length, and has an average width of 140 miles. It has 
36,350 square miles of territory, of which 440 are water and 
35,910 land. All this vast territory was purchased from the 
Indians under treaties, except a few thousand acres around 
Vincennes, which the Indians gave to the French settlers of 
that place. The first treaty was August 3, 1795, known as 
the "Treaty of Greenville," and the last, June 10th, 1872. 
The total number of treaties are fifty-four. In many places 
in the State are regions called "reserves." These are places 
the Indians reserved, for themselves; but in time they sold 
nearly all of these to the whites. These reserves are more 



16 THE GOVERNMENT OF INDIANA. 

numerous along the Wabash river than elsewhere. The 
greatest extent of territory purchased of the Indians at one 
time lay in the center of the State, and included the present 
site of Indianapolis. It is known in history as the "New 
Purchase. ' ' 

13. The Seat of Government. 

The seat of government continued at Corydon after the 
constitution was adopted. In the Act of Congress of 1816 
for the forming of Indiana as a State, the United States gave 
the State four sections of land, amounting to 2,560 acres, for 
a new capital. In 1820 commissioners were appointed by 
the State to locate the site of the new capital; and they 
selected four sections where the city of Indianapolis is now 
situated. The State laid off the town. At that time the 
nearest white settlement was Connersville, sixty miles away. 
In 1825 the government formally moved to the new capital, 
the records being hauled in wagons, it taking ten days to 
make the trip. A new court-house had been built at Indi- 
anapolis, and in it the Legislature held its sessions for ten 
years. Several of the State officers also had their offices in 
this court-house. It was built by the State. In 1835 a new 
brick State-House, at the cost of $60,000, was completed. It 
stood on the site of the present State-House, and at the time 
of its completion was the finest building in the West. This 
building was the place in which were held the sessions of the 
General Assembly for forty years, when it became unsafe for 
further use. In 1877, the session of that body was held in 
the new court-house at Indianapolis; and so continued to be 
held there until 1887, when the present State-House was 
completed. It took ten years to build it and it cost $1,980,- 
969.00. The State-House grounds occupy two squares — 



HISTORICAL SKETCH. 17 

nearly ten acres in area. In it all the State officers have 
their offices. The Legislature meets there, the Senate and 
House of Representatives each having their respective cham- 
bers or halls; and there the Supreme and Appellate Courts 
meet, each having separate court-rooms; and in it are kept 
the general library of the State and the Supreme Court law 
library. The extreme length of the State-House is 496 feet; 
and the extreme width 285 feet. To the top of the dome is 
234 feet. 

14-. The Early Churches. 

As early as April 21, 1749, there was a church at Vin- 
cennes, built of logs stood on end close together, and the 
cracks or interstices filled with clay, called ' ' daubing. ' ' It 
was a Catholic church, and continued to be the first church 
building until 1802, when a Methodist church was built of 
logs two miles from Charlestown. This church is still stand- 
ing. In 1804 a Baptist church was built on Silver Creek near 
Charlestown; and in 1815 a Presbyterian church near Vin- 
cennes. Of course church services were held long before these 
buildings were erected; and church organizations had been 
formed before any churches were built. 

15. Roads and Canals. 

At first there were few roads in the State; but in time 
many were cut through the thick forests. The construction 
of the most important road was begun by the National Gov- 
ernment, and was called the "National Road." It really 
began at Baltimore, Md. , passed through Frederick and Cum- 
berland of that State, through Columbus, Ohio, and then 
through Richmond, Cambridge, Greenfield, Indianapolis, 
Danville, Greencastle and Terre Haute. It was laid out 



18 THE GOVERNMENT OF INDIANA. 

through Illinois to St. Louis, Mo., but never completed.; in 
fact, it was never completed through western Indiana. At 
Indianapolis it passed along Washington street, by the capi- 
tol and across White River over a bridge still standing. 
Another important road was called the "Michigan Road." 
This road was built by the State. It began at Madison, on 
the Ohio river, passed through Indianapolis and Logansport 
to Michigan City on Lake Michigan. Part of the way it was 
made a plank road. For the construction of this highway 
the United States gave the State 170,000 acres of land. In 
1827 the United States also gave the State several thousand 
acres of land with which to build a canal through the State. 
The State of Ohio undertook to build a canal to the In- 
diana line. Indiana then constructed a canal, beginning with 
the Ohio canal, through Ft. Wayne and down the Wabash 
river through the principal towns. Before reaching the 
Ohio river, the canal passed to the east of the Wabash, and 
terminated at the city of Evansville. This canal was a use- 
ful medium for the transportation of grain, merchandise and 
passengers, until superseded by railroads. It was called the 
1 ■ Wabash and Erie Canal. ' ' The State built a portion of 
another projected canal at Indianapolis, about twenty miles 
in length, called ' ' Central Canal, ' ' but it was so short that it 
was never used. In 1836 the State began the construction of 
a railroad, the first in the State, running from Madison to 
Indianapolis. It sold the road long before it was completed. 
It took ten years for this railroad to reach the city of Indi- 
anapolis; and it at once formed an outlet for the produce of 
Central Indiana. 



CHAPTER II. 

THE PRESENT CONSTITUTION— BILL OF RIGHTS. 

1. The Adoption of the Constitution. 

The present constitution was adopted August 4, 1851, and 
went into force November first of the same year. A constitu- 
tion is a very different thing from a statute : the former is 
adopted by the voters of the State, the latter by the Legisla- 
ture. When the Legislature is of the opinion that there 
should be a new constitution, it adopts or passes a law provid- 
ing for the election of delegates to a convention, called a 
"Constitutional Convention." These delegates are selected 
by the voters in each county, usually at least one delegate for 
a county. The counties having a large population are gen- 
erally given more than one delegate. In the convention of 
1851 the number of members was equal to the total number of 
senators and representatives of the General Assembly, and they 
were elected from the Senatorial and Representative districts. 
These delegates all sit together; they are not divided into two 
houses like the Legislature. After being organized, by the 
administering of an oath to the members, the convention 
proceeds to elect a presiding officer, a secretary and other 
necessary officers. After this it proceeds very much like the 
Legislature, if it were in session and composed of only one 
house or body. When the convention has drawn up the 
proposed constitution to its satisfaction, it adjourns, never to 
meet again. The Legislature then provides hy law, if it has 
not already done so, for the submission of the proposed con- 



20 THE GOVERNMENT OF INDIANA. 

stitution to the voters of the State, for as yet it is not a law, 
it is not in force. An election is then held, and the voters 
or electors of the State on the day fixed for it, cast their votes 
or ballots for or against the proposed constitution. Those 
who favor its adoption vote a ballot having printed on it the 
word "Yes;" and those who oppose it, vote "No." Some- 
times the words "Yes" and "No" are both printed on the 
ballot, and the voter indicates how he desires to vote by 
placing a mark in the shape of a cross opposite one of these 
words. If a majority of all those voting have voted "Yes," 
the constitution is adopted; and if not, it has been rejected. 
In the latter instance it never becomes a law ; in the former 
it either goes into force at once, or at a time fixed at a date 
named in it. This is the way our present constitution was 
adopted. 

2. The Amendment of the Constitution. 

The present constitution may be amended or changed; 
but the process is tedious. If the Legislature thinks that it 
ought to be amended, each house adopts a resolution, pro- 
viding in what particular part it shall be amended or changed. 
This resolution is printed with the laws or statutes adopted 
by that session of the Legislature, and also set out at full 
length on the journals of each house. If each house at the 
next Legislature, held two years afterward, ratify the same 
resolution (it cannot change it), a law is then passed for the 
submission of the proposed amendment to the voters of the 
State, for their adoption or rejection of the proposed change. 
If it is not thus ratified, no further proceedings are taken. 
These voters vote for or against the proposed amendment, 
usually at some general election. If a majority of those 
Voting on the question cast their ballots for the change, then 



THE PRESENT CONSTITUTION. 21 

the constitution is amended; but if a majority vote against 
it, there is no change. 

3. The Force of the Constitution. 

A constitution for a State provides the general outlines of 
its government. It usually provides how certain things must 
be done, and forbids the performance of certain other things. 
It creates certain offices and these are known as ' 'Constitutional 
Offices." The Legislature may, however, create airv other 
office it sees fit ; but it cannot create an office that will take 
the place of a constitutional office. It cannot change or re- 
peal any part of the constitution ; that can only be done in 
the manner described in the last section. A constitution 
always provides that certain things shall not be done by the 
Legislature; and if that body disobey these provisions, its 
laws or statutes will be void. Sometimes it is difficult to tell 
whether a certain statute for this reason is or is not void ; and 
then the Supreme Court is usually called upon to decide the 
question. Its decision is binding upon the Legislature, all the 
courts of the State, all officers and all persons. It often hap- 
pens that many years go by before it is discovered or decided 
that a statute is void. A statute is always adopted or enacted 
by the Legislature ; and for or against its adoption the people 
never vote. They may demand of their representatives or 
members of the Legislature that they adopt a proposed law 
or repeal one already adopted, but these representatives or 
members are not bound to pay any attention to the demand. 
The constitution is a "law" and is often called the "Funda- 
mental Law of the State." It cannot, however, contravene 
or be in conflict with the Constitution of the United States, 
or a law enacted by Congress in pursuance with the provisions 
of that instrument, nor with a treaty of the United States 



22 THE GOVERNMENT OF INDIANA. 

with a foreign country. If any of its provisions be so in 
conflict, they will be void. If there is or is not such a conflict 
the Supreme Court of the State or of the United States usually 
decides the question ; and this decision is binding upon all 
persons and officers. If our State Supreme Court decides 
one way and the Supreme Court of the United States differ- 
ently, the decision of the latter court controls, and only its 
decision is binding; and it must be followed. 

4. The Bill of Rights. 

The "Bill of Rights" is contained in the present consti- 
tution, usually called the "Constitution of 1851." Nearly 
every State constitution has a bill of rights, although the 
Constitution of the United States has none. The first thirty- 
seven sections of our present constitution contains our Bill of 
Rights. The Bill of Rights is so called because it embraces, 
or contains provisions concerning certain rights that are de- 
clared to belong to the people, and which shall never be taken 
from them. These provisions are a protection for the people 
in their liberty, rights and property as against Legislature, the 
courts and the officers of the State. Many of these provi- 
sions we have inherited from our English ancestors. Many 
are taken almost literally from the Great Charter (usually 
called the "Magna Charta") of Great Britain, granted by 
King John to his subjects in 1215, after he had been forced 
to do so. It is also called the "Charter of English Lib- 
erty." 

5. Natural Rights. 

The first provision of the Bill of Rights is a declaration 
that ' ' all men are created equal ; that they are endowed by 
their Creator with certain unalienable rights ; that among 



THE PRESENT CONSTITUTION. 23 

them are life, liberty, and the pursuit of happiness." These 
provisions are taken directly from the Declaration of Inde- 
pendence. When it is said that all men are ' ' created equal, ' ' 
it is not meant that they have the same amount of wealth or 
property, or that one man is created with the same mental 
capacity or power as another. One man may be born with 
greater powers of mind than another ; and here there is nothing 
that a government can do to make them equal. By the phrase 
"created equal" is meant that one man has just the same 
rights before the law as another ; that a poor man has ex- 
actly the same rights as a rich man, or a weak man as a strong 
man; and such is the fact, although we often, for a time, forget 
it. If a rich man commit a crime, the law provides for him 
the same punishment it provides for a poor man committing 
the same crime ; and if he does not receive the same punish- 
ment it is the fault of the State's officers, the court or the jury, 
for they have the entire matter in their hands. The "un- 
alienable rights" referred to above are "life, liberty, and the 
pursuit of happiness." By the use of the word "unaliena- 
ble" is meant that a man can never legally give these away, — 
he cannot lawfully give or agree to give away his life, nor his 
liberty, nor his right to pursue or obtain happiness. No 
agreement he may enter into to give away or forfeit these is 
binding upon him. He may forfeit his life or liberty by the 
commission of a crime ; but by so doing he does not agree 
that his life or liberty may be taken from him. The State 
takes these, when he has committed a crime, without his 
consent. Another clause of this section is "that all power 
is inherent in the people." B}^ this is meant that all the 
powers of the State government, of its Legislature, its courts 
and its officers, — are derived from the people of the State and 
from nowhere else. The people of the State have the right 



24 THE GOVERNMENT OF INDIANA. 

to take away the powers of the Legislature, the courts and 
the officers, by proper constitutional provisions, although 
there is no likelihood they will ever do so. Another clause 
provides "that all free governments are, and of right ought 
to be, founded on the authority of the people, and be insti- 
tuted for their peace, safety and well-being." In this clause 
is the declaration that a free government ought to be founded 
only upon the authority of the people ; for if it be founded 
upon any other authority, the freedom of the people may be 
taken away from them without their consent. This clause 
also declares the object of a government, which is to secure 
the "peace, safety and well-being" of its people. And this 
is the chief object of all governments, and for the security of 
which they are organized. If a government will not secure 
its people peace, safety and well-being, it is hardly worthy of 
the name of government, and it has failed in its greatest duty. 
The securing of a people in its peace, safety and well-being 
also includes their protection in the rights to their property 
and its preservation from robbers and its destruction by vio- 
lence. This clause on the natural rights of the people also 
recognizes the fact that the people may, at all times, change, 
alter or reform their government ; and that they can never 
deprive themselves of this right by any agreement or consti- 
tution they may adopt. And such is the fact. If they could 
deprive themselves of this right they might enslave themselves, 
or create a government that could deprive them of their prop- 
erties, without any power to right the wrong. This right to 
change, alter or reform their government is said to be "un- 
alienable, ' ' by which is meant that it cannot be given away. 

6. Religion — Freedom of Thought. 

The constitution secures to all persons within the State 



THE PRESENT CONSTITUTION. 25 

their c ' right to worship Almighty God according to the dic- 
tation of their own conscience;" and it declares this is a 
" natural right." In days gone by governments have at- 
tempted to compel their people to worship in a particular 
manner or to belong to a particular church. This our con- 
stitution forbids. Indeed it provides that "No law shall, in 
any case whatever, control the free exercise and enjoyment of 
religious opinions or interfere with the rights of conscience. ' ' 
These are strong clauses and secure religious freedom. As if 
not satisfied with these, other strong clauses are added. Thus, 
c ' No preference shall be given by law, to any creed, religious 
society, or mode of worship ; and no man shall be compelled 
to attend, erect, or support any place of worship, or to main- 
tain any ministry, against his consent. ' ' By this clause all 
religious societies or churches are put upon an equal footing, 
and no preference can be given to one over the other. All 
religions are permitted, whether Christian, Jewish, Moham- 
medan, Buddhist, or even Mormon, so long as its followers do 
not practice polygamy. A man may believe any of these 
religions, or in any other; but he is not bound to do so, 
nor be a member of any church. In times past in other 
countries, and even in Massachusetts, property owners were 
taxed to support a particular church, generally called the 
' ' Established Church, ' ' because it was supported by the gov- 
ernment under laws enacted for that purpose; and it was 
chiefly to guard against this burden that this clause was 
adopted. We have Sunday laws, it is true, which prohibit 
men and women working on that day; but these laws are 
not religious laws. In all enlightened countries it is consid- 
ered that there ought to be regular days of rest for the peo- 
ple, and that it is the duty of the government to compel 
them to take the benefit of these periods of rest. No man 



26 THE GOVERNMENT OF INDIANA. 

can work all the time and live as long as if he were to observe 
days of rest. If one were to work all the time he would soon 
break down, and might become a burden on the public. If 
war should come and the government need his service, he 
would be an unfit soldier, because of his worn-out physical 
condition. It is for these reasons that laws are made for the 
observance of Sunday as a day of rest. The law could pro- 
vide that this day of rest should be Wednesday or any other 
day of the week, just as well as Sunday; but as a very great 
majority of the people of this country voluntarily observe 
Sunday as a day of rest, the law has wisely fixed that day as 
an enforced day of rest; and thus much contention and fric- 
tion is avoided. The constitution further provides that "No 
money shall be drawn from the treasury for the benefit of 
any religious or clerical institutions." This prevents the 
Legislature voting any money to any church or religious or- 
ganization; and if it were to attempt to do so, the law would 
be void. Another clause provides that "No religious test 
shall be required as a qualification for any office of trust or 
profit." In former years, in other countries, no one could 
hold an office under the government unless he belonged to 
the established church; and thus many worthy people were 
debarred or prevented from holding office. It was to prevent 
any laws having this end in view that this provision was in- 
serted in the constitution. 

7. Witnesses — Oaths. 

The constitution provides that ' ' No person shall be ren- 
dered incompetent as a witness in consequence of his opinions 
on matters of religion." In former days, in other countries, 
laws prevailed which prevented the use of any witness in any 
case who did not believe in the Christian religion ; and while 



THE PRESENT CONSTITUTION. 27 

there might he many persons who knew all ahout the facts in 
the case, yet if they were not Christians they could not tell 
it in court at the trial. This had the direct effect to prevent 
the telling of the truth at the trial, and often "brought about 
a failure of the courts to do justice. Another clause provides 
that " The mode of administering an oath or affirmation shall 
he such as may he most consistent with and binding upon the 
conscience of the person to whom the oath or affirmation may 
be administered." Under this provision in our courts a 
Chinaman, although we may call him a "heathen," because 
he is not a Christian, may be sworn as a witness to tell the 
truth as readily as any one else. An "affirmation" is the 
same as an oath, only differing from it in some of its wording. 
When a person is called as a witness in a trial in court, either 
the judge or clerk of the court administers this oath to him : 
"You do solemnly swear that you will tell the truth, the 
whole truth, and nothing but the truth in the case now on 
trial. So help you God." But occasionally a person objects 
to the use of the word "swear," and he is then required to 
affirm. This affirmation is as follows : "You do solemnly 
affirm that you will testify to the truth, the whole truth, and 
nothing but the truth ; and this you do under the pains and 
penalties of perjury." But in the clause quoted the constitu- 
tion recognizes other methods of administering an oath or 
affirmation, by providing that the mode of administering it 
1 • shall be such as may be most consistent with and binding 
upon the conscience of the person to whom it is admin- 
istered." While it is seldom done, yet the oath that is most 
binding on the witness may be administered to him, what- 
ever its form or whatever ceremony may be necessary to use 
in administering it. By the use of the words "pains and 
penalties of perjury," is meant that the witness testifying has 



28 THE GOVERNMENT OF INDIANA. 

before him the fear that n he do not tell the truth he will be 
punished by imprisonment in a prison. 

8. Free Speech. 

The right to ' ' free speech, ' ' whether in writing or speak- 
ing, has always been recognized as a very valuable thing in a 
free government. This right is secured to us in the provision 
tli at u No law shall be passed restraining the free interchange 
of thought and opinion, or restricting the right to speak, 
write or print, freely, on any subject whatever ; but for the 
abuse of that right every person shall be responsible. ' ' This 
clause secures the liberty of the press and its right in the 
public prints or newspapers to discuss and criticise all mat- 
ters of government and all governmental acts and deeds. 
Any one may discuss and criticise all public measures. In- 
deed, he may discuss or write about any man's private affairs, 
however bad taste or improper it may be, so long- as he tells 
the truth. But if he discusses a man's private affairs and 
thereby injures his character, or damages him in his reputa- 
tion or property, he will be liable to pay such man the dam- 
ages he has suffered, unless only the truth has been told 
about him. It is by the use or telling of a falsehood that is 
meant the " abuse" of free speech. A "slander" consists 
of spoken words which are untruthful ; but if the same words 
are put into writing or print they are a ' ' libel, ' ' and this is 
all the difference there is between a slander and a libel. If 
one be sued for libel or slander, he may always show, if he 
can, that the words said to be libelous or slanderous is the 
truth ; and if he prove that, it will be a complete defense. 

9. Unreasonable Search or Seizure. 

The constitution provides that "the right of the people 
to be secure, in their persons, houses, papers, and effects, 



THE PRESENT CONSTITUTION. 29 

against unreasonable search or seizure shall not be violated." 
In England, in early days, the officers of the government 
were often over-bearing and tyrannical; and to secure evi- 
dence of suspected treason or guilt in persons accused they 
would, with force, seize these persons, their papers and effects, 
and intrude themselves into their homes for that purpose. 
In time laws were put in force to prevent this; and in this 
clause just quoted we have the result of all these laws. But 
a person suspected may be arrested, his papers and effects 
seized and house searched, if some one will make oath before 
a magistrate authorized to issue a warrant or order for the 
arrest of such person, or seizure of his papers and effects, or 
search of his house, that he believes such person has com- 
mitted a crime, describing what it is, and where the articles 
stolen or taken are concealed. When this is done, the magis- 
trate issues the warrant or order for the arrest or for the 
search and seizure of the articles. This is called a "Search 
Warrant." 

10. Courts Must Be Open. 

"All courts," provides the constitution, "shall be open; 
and every man, for injury done to him in his person, prop- 
erty, or reputation shall have remedy by due course of law. 
Justice shall be administered freely, and without purchase; 
completely, and without denial; speedily, and without delay." 
This secures to every man a remedy for 'any legal injury he 
has suffered in person or property, and a trial. All trials, 
of course, are public; and if a man were denied a public trial, 
it would be such a wrong that the Supreme Court would set 
it aside, if the man thus denied were to invoke its aid. It is 
one of the boasts of our race that our courts give or admin- 
ister justice without being bribed to do so, as was not the 



30 THE GOVERNMENT OF INDIANA. 

case hundreds of years ago in corrupt times ; and this clause 
now secures it beyond a doubt. Not only is an injured per- 
son entitled to relief, but he is entitled to full or complete 
relief, without any denial; quickly, and without delay. He 
must, however, await his turn in court, if there be more cases 
than one, even if it take months to reach his case; for other 
suitors have just as good rights as he to have theirs cases tried. 

11. Rights of the Accused. 

Whenever a person is accused in court of having com- 
mitted a crime, he has the right to a public trial, and by an 
impartial jury, if he desires it. He also has a right to a trial 
in the county where it is charged that the offense was com- 
mitted; but this right he may waive if he see fit; and have 
the case sent to another county for trial. But unless he con- 
sent to its trial in another county, the State must try it in 
the county where the crime was committed, and cannot ask 
to have it sent to another county. He has also the right to 
be heard both by himself and counsel if lie desire it, and "to 
demand the nature and cause of the accusation against him, 
and to have a copy" of the instrument containing this accu- 
sation or charge. He also has a right to insist that all 
witnesses against him shall be called to testify in open court 
before him, to meet him "face to face;" and to a writ or 
order of court issued to compel all witnesses he may desire 
to testify for him to appear in court at the trial and tes- 
tify or give in their evidence under oath. All these are 
great barriers thrown around an accused person to secure 
him a fair and just trial. But there are other barriers or 
guards thrown around him for his protection. For instance 
lie can only be tried once for the commission of the same 
offense. But if he be tried and convicted, and then obtain 



THE PRESENT CONSTITUTION. 31 

a new trial, he may again be tried; for by asking and obtain- 
ing a new trial, he has consented to a second trial of himself. 
Nor can he be compelled to testify against himself; although 
he may do so if he see fit. If a person be arrested or con- 
fined in jail he must not be treated unnecessarily harsh or 
with unnecessary rigor. If it is a case where he can be let 
out on bond or bail while waiting for his trial to come off, 
the bail must not be put at an excessively high figure or 
amount, so that it might be out of proportion to the offense 
charged and be so high that none could be given. Nor can 
excessive fines be imposed upon the accused; by which is 
meant a fine greater in proportion than the offense commit- 
ted. No cruel and inhuman punishment can be inflicted. In 
some barbarous countries they cut off an ear or put out an 
eye of a person who has been convicted of stealing; but such 
punishment could not be inflicted in this State, for it would 
both be cruel and inhuman, and such punishment is forbidden 
by the constitution. Indeed, all fines or punishments must 
be apportioned to the nature of the offense or crime. In all 
cases except murder and treason, the accused may always be 
let out of jail if he will give a bond or bail with sufficient 
sureties for his appearance in court when wanted; so also 
one charged with the commission of murder or treason may 
be let out on bond or bail, unless the proof against him is 
clear or a strong presumption of his guilt exists. Two objects 
are always kept in view in punishing a criminal : one is to 
punish him for having violated the law and thus deter him 
from committing another crime; and the other is to reform 
him so as to take away from him the desire to commit another 
crime. For these reasons the constitution provides that laws 
providing punishment for crimes committed ' ' shall be founded 
on the principles of reformation and not on vindictive justice." 



32 THE GOVERNMENT OF INDIANA. 

12. Compensation for Services or Property Taken. 

It is not right that the State should take away any man's 
services without paying him for them. Thus, if the State 
should want a blacksmith to shoe one of its horses, or a work- 
ingman to shovel dirt for it, it would be manifestly unfair to 
compel him to do the work without making or paying him 
a compensation for such services ; and so the constitution 
does forbid it, Nor does the state take a man's property 
without paying him a just compensation for it ; and if it be 
taken for private use, as a route for a railroad, it must be paid 
for at its full value, before it is taken, although if taken for 
the State it may be first taken and then paid for afterwards. 
In former times governments were in the habit of taking both 
a man's services and property and not paying him for them; 
and this provision of the constitution was to guard against 
any such abuse. 

13. Imprisonment for Debt — Exemption. 

In the early history of this State if a man owed a debt 
and he did not pay it, the courts might send him to jail. If 
the debtor had no money or property he was thus deprived of 
all opportunity to earn money with which to pay the debt; 
but now, happily, no man can be sent to jail if he do not pay 
a debt, except in a case where he has disobeyed the court. 
If he have money or property sufficient to pay a debt, the 
court may order him to pay it, or deliver up enough property, 
or such property as he has, that it may be sold and the debt 
paid ; and if he disobey the order of the court he may be 
sent to jail until he complies with its order. But* under no 
other circumstances can he be imprisoned for debt ; for the 
liberty of the citizen is considered of greater importance than 
the payment of his debts. So it is of greater importance to 



THE PRESENT CONSTITUTION. 33 

the State that a man should not be stripped of all his prop- 
erty in order to pay debts he has contracted, than he should 
be compelled to pay them, and, being deprived of all his 
property, he and his family become paupers and a charge 
upon the public charity. For this reason it is provided that 
a debtor of this State shall be entitled to a reasonable exemp- 
tion of property from seizure or sale for the payment of any 
debt or liability he has contracted to pay. This amount has 
been fixed at six hundred dollars for a householder, or mar- 
ried woman who is an inhabitant, of this State ; but for men 
who are not householders or who do not keep a house, and 
for unmarried women, not householders, there is no exemp- 
tion. It is only in case where a person has contracted to 
pay a debt that exemption is allowed ; for if he were to go 
and destroy another's property he would be liable to pay the 
owner its value, and as against this charge he could not claim 
any property exempt ; for it is a debt not founded upon a 
contract, and for such a debt there is no right of exemption. 

14-. Equal Privileges — Ex Post Facto Laws. 

Every citizen of the State, under the law, is entitled to 
the same privileges ; and the Legislature cannot give one man 
any privilege that it does not give to all men upon the same 
terms, nor can it give any class of men a privilege it does not 
give to all upon exactly the same terms. This is to prevent 
the Legislature from building up a privileged class of citi- 
zens, so that they would have greater advantages than others. 
So, if a man has entered into any lawful contract with another, 
the Legislature cannot after that enact or adopt any law which 
will impair or render it of less value than it was when made. 
Nor can the Legislature adopt a law making an innocent 

act, previously performed, a crime; for it would be mani- 
-3 



34 THE GOVERNMENT OF INDIANA. 

festly unjust to punish a man for having done a particular 
thing when at the time he did it, it was not a crime to do it. 
If that could be done, no man's liberty or property would be 
safe, indeed his life might not be safe. Such laws are gener- 
ally called laws impairing the obligation of a contract, or ex 
post facto laws. 

15. Effect of Conviction. 

According to the laws of England, and in some of the 
States of the Union, at an early day, it was provided that if 
a person was convicted of having committed a crime, he 
should forfeit all his property to the government; nor could 
he thereafter inherit property, or property be inherited from 
him. This was a manifest hardship and manifestly unjust. 
So a provision was inserted in our constitution to prohibit the 
passage of any law to this effect, in these words : " No con- 
viction shall work corruption of blood or forfeiture of estate. ' ' 

16. Right to Assemble and to Bear Arms. 

In former days many governments forbade their peo- 
ple from assembling or coming together to discuss public 
measures. It was an act of tyranny to forbid them so doing, 
but it was done by men in authority in order to perpetuate 
or maintain their power. But in this State, the people have 
that right and privilege, if they assemble peaceably. This 
secures them the right to hold public and political meetings 
and conventions; and this right cannot be taken away from 
them. It is one of the greatest boons of civil liberty, and is 
dearly cherished by the people. They have also the right to 
instruct their representatives in the Legislature and in Con- 
gress upon any subject they see fit; and to apply to the Gen- 
eral Assembly for a redress of any grievance they may have 



THE PRESENT CONSTITUTION. 35 

suffered. In addition to these privileges, ' ' the people have 
a right to bear arms for the defense of themselves and the 
State." This, however, does not mean that they may carry 
weapons of defense concealed on their persons ; whatever they 
carry as arms must be carried openly, so that all may see 
them. 

17. Restrictions upon Soldiers. 

In former times it was the practice of governments to 
quarter soldiers in the houses of the inhabitants if it suited 
the government's convenience. This is now forbidden in time 
of peace, unless the owner of the house consent to it ; nor can 
it be done in time of war unless a law provide how it may be 
done. This prohibition, however, does not apply to the 
enemy; for he is not bound by it; nor is he bound by any 
other law of the country he is invading. 

18. Title of Nobility — Emigration Free. 

The Legislature cannot grant any title of nobility, nor 
confer any distinction so that the children of the person upon 
whom it is conferred may inherit it, This is to prevent the 
building up of a class of nobility ; for it is the policy of our 
government that no man shall enjoy any legal privilege or 
distinction not enjoyed by all. Indeed, no State in the Union 
can confer a title of nobility. Nor can the Legislature enact 
a law that will prohibit any one moving out of the State, 
or, as it is termed, emigrate from the State. In some coun- 
tries that has been done, but it cannot be done in this State. 



: 



CHAPTER III. 

THE DISTRIBUTION OF POWERS. 

1. Three Departments. 

In all enlightened modern governments, unless it be in 
Russia, the powers of the government are divided into classes 
or departments. Such is the case with the United States ; 
and the same is true of this State. Thus the powers of the 
government of Indiana are divided into three separate de- 
partments : one of them is called the "Legislative," another 
the ' ' Executive ' ' (including the ' 'Administrative " ), and the 
third the "Judicial." If an officer be a member of the Leg- 
islative Department he cannot exercise or perform any of the 
functions or powers of either the Executive or Judicial De- 
partments. So, if he be a member of the Executive Depart- 
ment he cannot exercise or perform any of the functions or 
powers of either the Legislative or Judicial Departments. 
And lastly, if he be a member of the Judicial Department 
he cannot exercise or perform any of the functions or powers 
of the Legislative or Executive Departments. The object in 
thus preventing an officer of one department exercising the 
powers of another department, is to keep them separate and 
distinct ; and to prevent one department from overcoming or 
overriding the other. Thus, the history of the world has 
taught us that it is very dangerous for the liberties of the 
people for the body of men that enact or make laws to serve 
as a court or as Chief Executive or Governor. When the 
powers of these three departments are kept separate and are 



THE DISTRIBUTION OF POWERS. 37 

exercised or controlled by officers belonging to only one and 
not to two of them, such officers serve as a check on the other 
two departments, and preserve its powers and authority dis- 
tinct and separate and from encroachment of the other two. 

2. The Legislative Department. 

The Legislative Department of the State consists of the 
' ' General Assembly, ' ' often called the ' ' Legislature. ' ' The 
General Assembly has the power to enact, adopt, pass or 
make laws for the government of the State. It cannot enact 
a law for another State, nor for the United States, nor for any 
foreign country. Any law it may adopt has force only within 
this State. These laws are frequently called " Statutes. ' ' The 
method of enacting, adopting, passing or. making a law or 
statute will be described in the chapter on the General Assem- 
bly. The words ' ' adopt, " " enact, " " pass, ' ' and ' ' make, ' ' 
when used in this connection, all have the same meaning. 

S. The Executive Department. 

The l ' Executive Department ' ' includes not only all ex- 
ecutive but all administrative officers. The difference between 
an executive and an administrative officer is not very plain ; 
and it is usually difficult to tell whether an officer in the per- 
formance of a certain official duty is exercising executive or 
administrative powers. The officer who stands at the head 
of the Executive Department is the Governor, frequently 
called the "Chief Executive" of the State. All State officers 
who are not members of the General Assembly, or Judges, or 
Officers of Courts, belong to this Department. All county, 
township, city and town officers also belong to it. It is the 
most extensive of all the Departments. It is the duty of the 
officers of this Department to execute or enforce the laws of 



38 THE GOVERNMENT OF INDIANA. 

the State ; and to attend to the affairs and business of the 
State, Counties, Townships, Cities and Towns in all their 
various parts. 

If. The Judicial Department. 

The "Judicial Department" consists of the Courts. It 
also includes all officers of the courts and Justices of the 
Peace. It is the duty of Judges of the Courts to declare the 
meaning of the statutes enacted by the Legislature, what is 
the law, settle disputes between persons concerning property 
and rights when their aid is asfced, and to punish persons 
who violate the criminal laws of the State. They have officers 
to record their orders or judgments, and other officers to en- 
force them. In the chapter on Courts the powers of this 
Department will be described more at length. 



I,— THE LEGISLATIVE DEPARTMENT. 

CHAPTER IV. 

THE GENERAL ASSEMBLY. 

1. Power — Senate and House of Representatives. 

The power or authority to enact or make laws is vested 
in two bodies of men called the ' ' General Assembly. ' ' One 
of these bodies is called the "Senate" and the other the 
"House of Representatives." The members of the Senate 
are called "Senators," and their number can never exceed 
fifty, although it may be less than this. At present, the num- 
ber is fifty. The members of the House of Representatives 
are called "Representatives." Their number can never ex- 
ceed one hundred, although it may be less. At present they 
number one hundred. A Senator or Representative is often 
called a ' ' Member of the General Assembly. ' ' Another name 
for the General Assembly is the ' ' Legislature. ' ' This is the 
name in popular usage. 

2. The Election of Members — Terms — Qualifications — Privileges 

-Pay. 
_ Senators are elected every four, and Representatives every 
two, years. This necessarily makes their terms to be respect- 
ively four and two years in duration. The State is divided 
into districts called ' ' Senatorial Districts, ' ' according to the 
population, and one Senator at least, elected from each dis- 
trict. Some districts, as Marion County, where the City of 
Indianapolis is situated, have more than one Senator, because 



40 THE GOVERNMENT OF INDIANA. 

of the great number of their population. The State is also 
divided into other districts, without any regard to Senatorial 
Districts, for the Representatives ; and at least one, and some- 
times more, is elected from each one of these ' ' Representative 
Districts. ' > Every six years, an enumeration of all male in- 
habitants over twenty-one years of age, is taken throughout 
the State, and then these districts are arranged by the next 
Legislature according to this enumeration. These districts 
cannot be arranged at any other time unless the first Legisla- 
ture meeting, after the enumeration is taken, fails to ar- 
range them. If a district contains more than one county, 
then all the counties in it must be contiguous or joined to- 
gether ; and part of a county cannot be in one district and the 
remainder in another. If a Senator or Representative should 
die or resign his office, the Governor cannot appoint a person 
to fill the vacancy thus occasioned ; but he must call an elec- 
tion in the district for the purpose of selecting a new member. 
Every member of the Legislature must be a citizen of the 
United States at the time of his election, and an inhabitant of 
the State for two years immediately preceding his selection. 
He must also have been an inhabitant of the district or county 
for one year immediately preceding his election for which he 
is chosen to represent. All Senators must be at least twenty- 
five years, and all Representatives twenty-one years, of age. 
A member of the Legislature enjoys certain privileges not en- 
joyed by private individuals. He cannot be arrested while 
the Legislature is in session for any debt he may owe ; al- 
though he may be arrested if he commit a crime. This priv- 
ilege extends to him while going to and returning from the 
Legislature. Nor can any suit be brought against him while 
that body is in session, nor for fifteen days before its meeting 
and for a like period after its adjournment. If he say any 



THE GENERAL ASSEMBLY. 41 

thing in speech or debate before the house of which he is a 
member, when it is in session, he cannot be sued for it, al- 
though it be a slander and highly injurious to the person con- 
cerning whom it is said. The members receive six dollars a 
day while the Legislature is in session and twenty cents a mile 
for every mile necessarily traveled in going to and returning 
from the Capitol. 

3. Sessions. 

The General Assembly meets every two years on the 
Thursday next after the first Monday of January of the odd 
numbered years. Its Representatives have been elected at 
the previous November election ; and also one-half of the 
Senators. One-half of the Senators only are elected every two 
years, so that the other half will be old, or, as they are often 
called, ' ' hold-over, ' ' Senators. This is called the ' ' Regular 
Session," and it lasts sixty-one days, including Sundays. 
The Governor may, however, by proclamation require the 
members to meet in a " Special Session, ' ' which cannot last 
longer than forty days ; but while there can be only one reg- 
ular sesssion in any two years, the number of special sessions 
is practically unlimited. The Legislature is not compelled 
to stay the whole time, but can, if both houses agree, adjourn 
at any time. Neither the Senate nor the House of Repre- 
sentatives can adjourn more than three days, nor to any place 
other than that where it is sitting, without consent of the other. 
The Senate has a chamber on the second floor of the west 
side of the Capitol building in which to hold its sessions ; 
and the House a like chamber on the same floor on the east 
side. 

If. Officers and Employees. 

The Senate and House of Representatives have a number 



42 THE GOVERNMENT OF INDIANA. 

of officers and employees or servants. The Lieutenant-Gov- 
ernor is the President or presiding officer of the Senate. It 
is customary, also, for the Senate to elect a "president," 
who presides over it when the Lieutenant-Governor is absent; 
and if the Lieutenant-Governor should become the Acting 
Governor, then the President of the Senate takes his place; 
and after becoming the Acting Governor, if the Lieutenant- 
Governor should die, resign or be removed from office, the 
President of the Senate would then become the Acting Gov- 
ernor of the State. This is how Hon. James Brown Ray 
became Governor in 1824. The presiding officer of the 
House of Representatives (usually called the ' ' House ' ' ) is 
the c c Speaker;' ' and he is elected by the members of the House. 
The Senate has a Secretary and Assistant Secretary, and the 
House a Clerk and Assistant Clerk, whose duties are to keep 
records of the proceedings of each body and take charge of 
all their papers and books. When the session is ended these 
proceedings are printed in two volumes, one for the Senate 
and the other for the House, called ' ' Journals. ' ' The Sec- 
retary of the Senate is elected by the Senate, and the Clerk 
by the House ; and each appoints his assistants, besides a 
number of subordinate clerks or assistants. Thus, in the 
House, the Clerk elected appoints a File Clerk, whose duty 
it is to note the time of filing of all papers presented to the 
House ; and a Reading Clerk who reads all papers and docu- 
ments read to the House. Besides these there is a Deputy 
Clerk, an Endorsing Clerk, three Engrossing Clerks, three 
Enrolling Clerks, one Folding Clerk, one Minute Clerk, one 
principal Journal Clerk, and five Copying Clerks. These re- 
ceive five dollars a day. The Senate has a like number of 
clerks. Besides these, each house has a door-keeper, and 
seven assistants, whose duty it is to attend the doors opening 



THE GENERAL ASSEMBLY. 43 

into the respective chambers of the two houses, and prevent 
all persons entering who are not entitled to an entrance. 
They receive each five dollars per day. Each house also has 
five l i pages, ' ' usually lads from ten to fifteen years of age, 
and one messenger, at two dollars per day. Each house 
likewise has a postmaster, whose duty it is to bring the mail 
of its members and officers from the post-office and distribute 
it. 

5. Organizing the House. 

When the Legislature first meets each house proceeds to 
' ' organize, ' ' as it is called, which means the administration 
of the oath of office to the new Senators and to all the Repre- 
sentatives, and the election of proper officers. If the Lieu- 
tenant-Governor be present, he presides at the organization 
of the Senate; and if he be not present, then the Auditor of 
State presides ; and in the absence of the latter, one of the 
Judges of the Supreme Court. If it is the first time the 
newly elected representatives have met, there must be a 
Speaker elected; and the Speaker will serve at any subse- 
quent session, until a new Legislature be elected. At its first 
session, the Secretary of State always presides over the organ- 
ization of the House; and if he be not present, then one of 
the Judges of the Supreme Court. The officer who presides 
at the organization makes out a list of the newly elected leg- 
islators from the official returns in the Secretary of State's 
office. From this list he calls the roll, and then some judge 
of a court administers the oath of office to them. The House 
of Representatives then proceeds to elect a Speaker. As each 
member's name is called he announces the name of the per- 
son for whom he votes, and his choice is recorded. The 
person elected Speaker receives a majority of all the mem- 



44 THE GOVERNMENT OF INDIANA. 

bers, or at least fifty-one votes. As soon as the Speaker is 
elected, he takes the chair and presides over the House, the 
Secretary of State retiring. The same order is pursued in 
the Senate if the Lieutenant-Governor is absent; and if he be 
present, the only change is that usually no President of the 
Senate is elected; that is deferred until a later day. If a new 
Lieutenant-Governor has been elected, he docs not preside at 
the organization of the Senate, for he is not sworn into office 
until several days later; the old Lieutenant-Governor per- 
forms that duty. As soon as the two houses are organized, 
they appoint a committee to wait upon the Governor and 
inform him of that fact; and he then proceeds to deliver to 
the two houses his message. 

6. Duties of the Presiding Officers. 

The duties of the presiding officers in both the Senate 
and House of Representatives are many and often burden- 
some. Each, of course, presides over the deliberations of 
his respective chamber. He preserves order and for that 
purpose has a small gavel or mallet with which he calls the 
members to order and secures their attention. He puts all 
questions or motions before the house and declares whether 
or not they have been carried or defeated; he decides ques- 
tions of parliamentary law, and directs the officers in the 
execution of their several duties. If a vote should be a tie, 
he gives the casting vote. This casting vote is often of very 
great importance ; for often measures of great weight can only 
be carried by its aid. As soon as a house is convened, its 
presiding officer divides the members up into committees, 
for the purpose of hastening legislation. The number of 
these committees vary from session to session. The first man 
appointed on a committee is called its "chairman'" Usually 



THE GENERAL ASSEMBLY. 45 

each member is on several committees. Some of these com- 
mittees have clerks to take care of their papers and keep a 
record of their proceedings. 

7. Making a Law. 

The making or enacting a law is often a very intricate 
transaction ; and only the general outline pursued can here 
be given. Every member of the Legislature has a right to 
propose any new law or amendment to any old law he may 
see fit. This proposed law he must reduce to writing. It 
must have a ' ' title, " or a short description of its contents 
or object. This proposed law is usually divided into sec- 
tions which are numbered. The first section must always 
begin with the phrase : "Be it enacted by the General As- 
sembly of the State of Indiana. ' ' This is called the ' ' En- 
acting Clause," and without it no law is valid. The pro- 
posed law when thus presented by a member is called a 
' l Bill, ' ' and is usually given a number. When first intro- 
duced, the title of the proposed law is read, and the presid- 
ing officer refers it to an appropriate committee already ap- 
pointed. Thus, if it concerns schools or education, it is re- 
ferred to the Committee on Education ; and if to highways, 
to the Committee on Highways. In the course of time this 
committee reports to the House either for or against the bill, 
or it may recommend that it be amended or changed, and 
when so amended that it be passed or adopted. If the com- 
mittee never reports back a bill, it is said to be c ' killed, ' ' for 
an end to its passage has been put to it. At some time after 
its introduction the bill must be read at length, unless dis- 
pensed with by a two-thirds vote. At any time before its 
final passage or adoption, any bill can usually be changed or 
amended if the House by a majority of those present so de- 



46 THE GOVERNMENT OF INDIANA. 

cide. When a bill has been discussed and amended so that 
the majority of the members are satisfied with it, it is read 
again (which is called the third reading) and put on its final 
passage. Every member's name is called and his vote re- 
corded. He either votes "Aye" or "No." Every bill 
passed must have, at least, a majority of all the elected mem- 
bers of that house voting upon it, — in the House of repre- 
sentatives fifty-one votes, and in the Senate twenty-six. If the 
persons voting for it be less than this number, but a majority 
of all the votes actually cast, it may be called up and voted on 
at some subsequent day ; but if a majority of the votes cast 
be against it, the bill has failed to pass and is said to be 
' 'dead. ' ' If the bill has passed, it is sent over to the other 
house and there goes through the same routine. If it be 
changed or amended, the change must be reported back to 
the first house and agreed to before it can become a law ; and 
if it be not agreed to, the bill fails to pass or become a law; 
if the bill does not pass the other house, it then has failed 
and cannot become a law; but if it does pass, the Lieutenant- 
Governor and Speaker of the House attach their names to it, 
and it is then sent to the Governor. If he thinks it ought to 
become a law, he writes on it at the bottom the word "Ap- 
proved," and signs his name below, affixing to his signature 
the date of approval. After this he sends it the Secretary 
of State, who marks it filed. If the Governor does not ap- 
prove it within three days, excepting Sundays, the bill be- 
comes a law without his approval. Whenever he has ap- 
proved a bill he notifies both the Senate and House of Rep- 
resentatives of that fact. If he disapproves a bill, he states 
his objections to it, and returns it to the house where it was 
first introduced. This is called the Governor's "'veto." 
That house then proceeds to vote upon it, and if a majority of 



THE GENERAL ASSEMBLY. 47 

all its members elected vote in favor of its passage, it is said to 
have passed the bill over the Governor's veto. That house 
then sends it to the other house, and if a majority of all its 
members elected vote for it, it becomes a law without the 
Governor's approval, and it is then sent directly to the Secre- 
tary of State, who marks it filed. But if either house should 
not pass it by a majority vote, the bill fails to become a law. 
If the Legislature adjourns before the three days have ex- 
pired within which the Governor has to veto a bill, he may, 
within five days after its adjournment, file his veto with the 
Secretary of State ; and when the Legislature is again in ses- 
sion it may take up the proposed law and pass or adopt it, 
just the same as if the veto had been presented to it before 
its adjournment. No proposed law. can be presented to the 
Governor for his signature tAvo days next previous to the final 
adjournment of the General Assembly. 

8. When a Neiv Law Goes Into Force. 

A new law does not necessarily go into force or operation 
as soon as the Governor has approved it. It may do so, 
however. If the Legislature thinks the new law ought to go 
into force as soon as the Governor has signed it, it usually 
adds a clause, called the "Emergency Clause," declaring 
that there is an emergency existing for it going into force 
from the date of its passage, and providing that it shall be in 
force as soon as passed, by which is meant, as soon as the 
Governor approves it, or it has been passed over his veto. 
If a law does not have such a clause, it does not go into effect 
until it has been printed, and sent into every county of 
the State. There are ninety-two of these counties. The 
Secretary of State must cause all the laws to be printed and 
bound in a book. He then sends a certain number into 



48 THE GOVERNMENT OF INDIANA. 

every county of the State, to the county clerk. On its re- 
ceipt in the county, the clerk signs a certificate stating the 
clay, hour and minute when he received the laws at his office, 
and sends this certificate to the Secretary of State. When 
the last certificate reaches the Secretary, he examines them 
and finds out the last county that received the laws. This is 
for the purpose to find out when they have gone into force or 
operation; for they go into force at the minute they are re- 
ceived in the last county. After ascertaining this date, the 
Governor issues a proclamation, which is published in the 
newspapers, declaring the exact time when the laws went 
into force. Thus it may happen that the laws are in force 
several hours or a day or two before it is known. 

9. Restrictions on the Legislature and Members. 

The constitution imposes certain restrictions upon the 
Legislature by which it is bound, some of which have been 
mentioned in previous sections. Thus, all laws for raising 
revenue for the State must originate in the House of Repre- 
sentatives. But one subject and matters properly connected 
with it can be put in one bill, law or statute. Thus, a stat- 
ute providing how highways shall be constructed and re- 
paired could not have in it provisions concerning the organi- 
zation and government of schools; for these are two " sub- 
jects," and if it did, the whole law might be void. The sub- 
ject of the law, — what it is about, — must be expressed in the 
title, or it will be void; but if there be two subjects, one ex- 
pressed in the title and the other not, the latter will be void 
and the former valid. If both subjects be expressed in the 
title, the whole law would be void; for that would be a clear 
attempt to put two subjects in one law; while the other 
would only be an unsuccessful attempt to do so. The con- 



THE GENERAL ASSEMBLY. 49 

stitution requires every law, or "Act," as it is called, and 
resolution to be plainly worded, avoiding as far as practica- 
ble, the use of legal or technical terms; but this requirement 
is often violated. Its violation does not avoid the law. If 
a new law attempt to amend or revise an old law, it must 
contain a distinct reference to such old law, or the amend- 
ment or revision will be void. This requires the title of the 
old law to be set out in the new in full. Nearly all the laws 
upon any subject must be of a general character and applica- 
ble to all persons and things under the same conditions or 
circumstances. Thus, as a rule, there cannot be a law for 
one county and another for another county, but each county 
must be governed by the same law. The public schools are 
a very good illustration of this rule, for they must be alike 
in every county in the State. It is true one township may 
have a high school and another not ; but each township has 
a right to have that kind of a school if it desires it. A county 
is not compelled to have a bridge over a stream of water 
because another county may have such a bridge, even over 
the same stream, but the law must provide that both coun- 
ties may have a bridge if they desire it. But a law is valid 
which provides that all counties or cities having inhabitants 
not less than a certain number, shall be governed by it; 
although the effect may be that another county or city lying 
alongside of it may be governed by an entirely different law. 
Both laws are general but applying to different circumstances. 
Nor can any law be passed providing that a particular person 
may sue the State; although a general law providing that all 
persons having claims against the State may sue it, is valid. 
So, too, the members of the Legislature are under certain 
disabilities or restrictions. Thus, no member of the Legis- 
lature can, during the time for which he has been elected, 



50 THE GOVERNMENT OF INDIANA. 

hold any office, the election of which is vested in the General 
Assembly; nor can he be appointed to any civil office of 
profit which may have been created during his term of office 
as such a member. The object of this clause is to prevent 
the members of the Legislature from creating offices in order 
that they may reward themselves or reap the benefits of such 
office. This, however, does not prevent the people from 
electing them, before their terms as Senators or Representa- 
tives are out, to the office thus created. 

10. Example of a Statute. 

The following is an example of a statute as it is enrolled 

and on file in the office of Secretary of State: 

AN ACT [1] to fix the salaries of the Judges of the Criminal Courts 
of this State, and to provide for the time and manner of pay- 
ment, and to repeal all laws in conflict therewith and declaring 
an emergency. [2] 

Section 1. Be it enacted by the General Assembly of the State 
of Indiana, [3] That an annual salary of $2,500.00 shall be 
allowed to each of the Judges of the Criminal Courts, to be 
paid quarterly out of the treasury of the county in which said 
court is established : Provided, however, that in all counties 
having a city with a population of 100,000, or more, the salary 
of said Criminal Court Judge shall be $3, 200. 00 annually, to be 
paid quarterly out of said county treasury as aforesaid. [4] . 

Sec. 2. AH acts and parts of acts now in force allowing 
any other or different compensation to said Judges be and the 
same are hereby repealed. [5] 

Sec 3. It is hereby declared that an emergency exists for 
the immediate taking effect of this act, it is, therefore, hereby 
declared that the same shall take effect and be in force from 
and after its passage. [6] 



1 A statute is often called an. "Act." 

2 This is the title of the Act 

3 This is the Enacting Clause. 

4 All after the word "Provided" is called the "Proviso. 

5 This is called the "Repealing Clause" or section. 
C This is called the "Emergency Clause" or section. 



THE GENERAL ASSEMBLY. 51 

Mortimer Nye, Justus C. Adams, ^ 

President of the Senate. Speaker House of Representatives. 
Approved March 11, 1895. Claude Matthews, 

Governor. 
Filed in the office of the Secretary of State of the State of In- 
diana this the 11th day of March, 1895. 

William D. Owen, Secretary of State. 

11. Amending Statute. 

The following is an example of an amending statute or 
Act, as published in the printed session laws : 

AN ACT to amend section five (5) of an act entitled, "An act con- 
cerning grand and petit juries," approved April 15, 1881. 
[Approved March 11, 1895.] 

Section 1. Beit enacted by the General Assembly of the State 
of Indiana, That section five (5) of an act entitled an act con- 
cerning petit and grand juries approved April 15, 1881, be 
amended to read as follows: 

Section 5. That said box shall remain in possession of the 
Clerk, securely locked, and the only key thereto shall be and 
remain in the possession of the Jury Commissioner, of op- 
posite politics from said Clerk, who shall be present at each 
and every time said box is to be opened, for any purpose 
within the provisions of this act. 

12. Example of a Resolution. 

The following is called a ' ' Resolution. ' ' There are sev- 
eral kinds of resolutions ; some passed both by the Senate and 
House of Representatives called ' ' Joint Concurrent Resolu- 
iions," others by the Senate alone, called " Senate Resolu- 
tions;" and still others by the House of Representatives alone, 
called c ' House Resolutions. ' ' These resolutions need not be 
approved by the Governor, that being unnecessary. The ex- 
ample here given is a Joint Concurrent Resolution, viz: 



52 THE GOVERNMENT OF INDIANA. 

[Filed in the Office of the Seceetary of State, March 11, 1895.] 
Whereas, Pleasant A. Hackleman was the only General from 

Indiana, killed in battle during the Rebellion from 1861 

to 1865; and, 
Whereas, The State has made no public recognition of his 

service and sacrifice; therefore be it, [1] 

Resolved, By the House of Representatives, the Senate 
concurring therein, that a commission be constituted, consist- 
ing of the Governor, and two members to be appointed by 
him, one of which is to be suggested by the family of said 
Hackleman, and the other a member of the Grand Army of 
the Republic, whose duty it shall be to procure and consider 
plans and estimates for a statue of the said Hackleman, to be 
erected in the State-House or upon the grounds surrounding 
the same, at Indianapolis, and report to the next General As- 
sembly, together with recommendations concerning the same. 

Note.— [1] This and the clause above is called the " Pream- 
ble." Statutes also often have preambles. 



II.— THE EXECUTIVE DEPARTMENT. 

CHAPTER V. 

THE GOVERNOR. 

1. Chief Executive. 

The Governor is frequently called "The Chief Executive 
of the State, ' ' for the reason that the executive powers of the 
State are vested in him. We are to understand that the ex- 
ecutive power of a State is the power to see that the laws are 
enforced ; or, as it is often said, to see that the laws are executed. 
The constitution of the State especially enjoins upon the Gover- 
nor the duty to see that the laws are faithfully executed. By 
this we are not to understand that he himself must go in 
person and enforce the law ; but if an officer whose duty it is 
to enforce a particular law shall fail to do it, then the Gover- 
nor must take such steps as will bring about its enforcement, 
either by directing the officer to do it, or seeing that it is done 
by competent authority. He is also frequently called "His 
Excellency, ' ' and when addressed personally, ' ' Your Excel- 
lency, " this being a dignified way of referring to or address- 
ing him ; but nowhere in the laws of this State is he des- 
ignated as ' ' His Excellency, ' ' this term simply having its 
origin in popular usage. 

2. Election — Qualifications. 

The Governor is elected every four years, on the first 
Tuesday after the first Monday in November, the time pro- 
vided for the election of the Presidential Electors who are to 



54 THE GOVERNMENT OF INDIANA. 

select a President of the United States. This is usually called 
the "Presidential Election.' ' At the time he is elected, mem- 
bers of the General Assembly of the State are elected for two 
years. But the Governor is elected for a period of four years, 
and his official term of office begins on the second Monday 
of the first January after his election. The term of the first 
Governor of our present constitution began on that day in 
January, 1853. Every four years since then a new Governor 
has taken the office ; the present Governor having been elected 
in November, 1896, took his office on the second Monday of 
the following January. A Governor cannot be elected to suc- 
ceed himself, the constitution expressly providing that he 
cannot serve more than four years in any period of eight 
years. If an individual were elected Governor and served 
two years, and then resigned the office or were removed, he 
could not be again elected at any time within the period of 
eight years commencing from the date of his election. But 
after the period of eight years has expired he may again be 
elected for a second four years. This has, however, never 
been done. No one not thirty years of age can be elected 
Governor ; nor unless he has been five years a citizen of the 
United States and also a citizen of the State of Indiana during 
the five years next preceding the day of his election. This 
is to prevent the election of a foreigner who has little or no 
knowledge of the laws of our State, or who is not in sympathy 
with its institutions. Thus, a man may have been twenty 
years a citizen of the United States, but if he has not lived 
within this State for a period of five years next preceding the 
day of his election he cannot be elected. No member of Con- 
gress, nor a person holding any office under the United States 
or under this State can hold the office of Governor ; but such 
an officer may be elected Governor, then resign his first office 



THE GOVERNOR. 55 

and take the office of Governor when the term begins. Neither 
the Governor nor the Lieutenant-Governor can be elected to any 
other State office during the term for which he has been elected 
Governor or Lieutenant-Governor even though he has resigned 
or been removed before the day of election. 

3. Hoiv Elected. 

All the voters of the State cast their ballots for Governor 
and the State officers on the same day. The names of all the 
candidates for Governor are printed on a ballot or ticket, 
known as the official ballot. A voter goes to the voting or 
polling place in his precinct, and after receiving from the elec- 
tion officers one of these ballots, he indicates his choice for 
Governor by placing a blue pencil mark opposite the printed 
name of the candidate for whom he desires to vote, or, in- 
stead of voting for Governor alone, he indicates by the mark 
the party ticket he desires to vote. This ballot he folds up 
and hands to one of the election officers. At six o'clock in 
the evening the voting ceases, the ballots are then counted, and 
a written certificate, signed by the election officers, made of the 
number of votes cast. Two days after the election (on Thurs- 
day), one of these election officers takes this written certificate 
to the county court-house, and there all the election certificates 
of the county are compared and the number of votes cast for 
the several candidates for State offices are ascertained, and a 
certificate of the result made and signed by all the election 
officers present. The next clay the Clerk of the Circuit Court, 
usually called the County Clerk, makes out and signs a certifi- 
cate of the number of votes cast in the county for all candidates 
for State offices and transmits or sends it to the Secretary of 
State. At the same time he makes out two other certificates of 
the number of votes that were cast in the county for Governor 



56 THE GOVERNMENT OF INDIANA. 

and Lieutenant-Governor, one of which he sends by mail to 
the Speaker of the House of Representatives of the next 
General Assembly, in care of the Secretary of State at Indian- 
apolis, and the other he gives "to the Senator or Representative 
elected from the county, to deliver to such Speaker. After 
the receipt of the certificates from the counties, the Secretary 
of State opens those designed for himself, and in the presence 
of the Governor, compares and estimates the numbers of votes 
for all the State officers, and makes out a certificate, addressed 
to the Governor, stating who has received the highest number 
of votes for such offices, and the Governor then issues and 
sends by mail commissions to the persons named in this 
certificate, except the new Governor and Lieutenant-Governor. 
The General Assembly meets on the Thursday immediately 
preceding the Monday on which the term of the newly elected 
Governor begins ; and before the beginning of that term, the 
Speaker of the House of Representatives opens the certificates 
of the County Clerks that have been sent to him, in the pres- 
ence of both that House and the Senate, jointly assembled, 
and declares ,the result. In a few States the persons elected 
Governor and Lieutenant-Governor must have a majority of 
all the votes cast in the State for these offices ; and if no per- 
sons have such a majority, then the Legislature elects a Gov- 
ernor and Lieutenant-Governor. Such is not the case in this 
State. Here the persons having the highest number of votes 
for Governor and Lieutenant-Governor are elected. This is 
called a ' ' plurality ' ' vote, while the other is called a ' ' ma- 
jority" vote. If two or more persons have an equal and 
the highest number of votes for Governor, the General As- 
sembly, as soon as the Speaker has opened the certificates, 
proceeds to elect one of these persons Governor. The same 
is true if there be a like tie in the vote for Lieutenant-Gov- 



THE GOVERNOR. 57 

ernor. Such a thing, however, has never happened in this 
State. 

Jf. Vacancy in Office. 

If the office of Governor become vacant by his removal 
from the office, or by his death, resignation, or inability to 
discharge the duties of the office, then the Lieutenant-Gover- 
nor becomes the acting Governor and performs the Governor's 
duties. If there be no Lieutenant-Governor, or if he be un- 
able to serve, then the President of the Senate performs the 
duties of the office of Governor ; and if there be no such 
officer, the Secretary of State convenes the Senate for the 
purpose of electing such a President. The person thus be- 
coming the acting Governor fills the office until the disability 
of the Governor or Lieutenant-Governor be removed, or a new 
Governor be elected. A Governor cannot, however, be elected 
to fill out the term of the old Governor ; he can only be elected 
at the regular election held four years after the election at 
which the old Governor was elected. The person thus taking 
the place of the Governor has all the duties to perform and 
all the powers of the regularly elected Governor, and is popu- 
larly called the ' l Governor ; ' ' but he is only ' 'Acting Gover- 
nor," and not, in fact, Governor. The difference between 
Governor and Acting Governor is quite clear when we recol- 
lect that a Governor cannot be elected to succeed himself, 
although after the expiration of four years from the end of his 
term, he may be again elected. In such an instance he does 
not succeed himself. But an Acting Governor may be elected 
to succeed himself. Thus, in 1864, Oliver P. Morton and 
Conrad Baker were respectively elected Governor and Lieu- 
tenant-Governor. Shortly after Governor Morton, having been 
elected to the United States Senate, resigned the office of 



58 THE GOVERNMENT OF INDIANA. 

Governor; whereupon Lieutenant-Governor Baker became 
the Acting Governor, and in 1868 was elected Governor, 
filling the office of Governor nearly six years — a longer 
period than any man ever rilled it under our present consti- 
tution, except Joseph A. Wright. 

5. His Inauguration. 

The General Assembly is always in session when the 
term of the newly elected Governor begins. This affords an 
opportunity for what is known as the ' ' Inauguration ' ' of the 
Governor. There is no law providing for this inauguration. 
In fact, any notary public or justice of the peace could ad- 
minister the oath of office to or "swear in" the Governor, as 
it is called, with as little demonstration or publicity as the 
most humble or lowest officer in the State is sworn into his 
office. He could take the oath of office at any time after he 
is declared elected, but could not take possession until his 
term begins. But this is never done. His term begins on 
the second Monday of the first January after he is elected, 
and he could, if he so desired, take possession of the office on 
the first minute of that day, or immediately after the expira- 
tion of midnight of the preceding day. But such is not the 
usage. The old Governor always continues to act until the 
newly elected Governor has taken the oath of office ; but on 
the day of the inauguration he rarely does any official act, 
except of the most trivial character. The inauguration takes 
place in the presence of the two Houses of the General As- 
sembly and in the presence of the general public. According 
to a resolution or agreement adopted or entered into by the 
Senate and House of Representatives, these two Houses meet 
on the morning of the inauguration separately in their re- 
spective halls or chambers ; one of them then proceeds to the 



THE GOVERNOR. 59 

hall of the other, its presiding officer leading, and it either 
enters the hall thus approached, or proceeds to a place agreed 
upon — in late years usually a corridor of the Capitol build- 
ing. It is the practice to invite all the State officers to be 
present at these proceedings. The judges of the Supreme and 
Appellate Courts frequently attend in one body. The retiring 
Governor generally makes a short address, and then the oath 
of office is administered to the Governor elect, usually by the 
Chief Justice of the Supreme Court. There is no particular 
form of oath required. The administration of the oath is 
very simple. The newly elected officer raises his right-hand, 
the Chief Justice his right-hand and administers an oath 
similar to the following : ' ' You do solemnly swear that you 
will support the Constitution of the United States, the Con- 
stitution of the State of Indiana, and will faithfully discharge 
the duties of the office of Governor of this State. So help 
you God." To this the newly elected officer usually re- 
sponds, " I do. " Occasionally, in place of the word ' ' swear, ' ' 
the word "affirm" is used At the same time the oath of 
office is usually administered to the Lieutenant-Governor. 
Immediately upon taking this oath, in the public manner as 
stated, or in fact any other manner, the term of the old Gov- 
ernor ceases and that of the new begins. The latter at once 
delivers an address, always in writing, to the General Assem- 
bly. All who care to listen to this address have that privi- 
lege, although it is officially addressed to the General Assembly, 
and is called the Governor's "Message." After this address 
has been delivered, the two houses retire to their respective 
chambers, and the new Governor takes charge of the official 
quarters provided for him in the Capitol building. The inaug- 
uration exercises takes place about mid-day, and in the evening 
the Governor gives a public reception in his official parlors. 



60 THE GOVERNMENT OF INDIANA.^ 

6. Duties of the Governor. 

The duties of the Governor are many and often intricate. 
Because he is the Chief Executive of the State he has many 
social duties to perform that are not connected with the office. 
These are chiefly public addresses which he is called upon to 
make and which are not of a political character ; such as the 
opening of a convention on education, or on science, or on 
agriculture, or the like. Many strangers visiting the Capital 
call upon him socially ; and at times these become so numer- 
ous that they are a burden to him, and permit little time for 
attendance upon his official duties. It is made his express 
duty, from time to time, to give "the General Assembly in- 
formation touching the condition of the State, and recom- 
mend such measures as he may judge to be expedient. ' ' This 
is usually termed his "message." As we have seen, the 
General Assembly meets on Thursday, and the newly elected 
Governor's term begins on the following Monday. When the 
General Assembly meets, it is the practice of the old Governor 
to send in to it an official message ; but this message is fol- 
lowed in four days by another message from the new Gover- 
nor, sometimes called his "Inaugural Address." At the 
beginning of a session of the General Assembly, the Governor 
always sends in to it a message. The Governor reads this 
message to the General Assembly in person. There is no law 
requiring how often, or when, he shall send in a message ; 
that is left to his discretion. There is no power that can com- 
pel him to send in a message ; the whole matter is entrusted 
to him, the law reposing in him confidence that he will do 
his duty and properly perform the functions of his high office. 
In order that he may keep informed upon the affairs of the 
State, and that he may properly inform the General Assembly 
of the public necessities, he has the power to require the 



THE GOVERNOR. 61 

officers of the State to furnish him in writing information 
upon any subject relating to the duties of their respective offices. 
He may not, however, require a Judge of a court to furnish 
him information ; nor can he demand of any Judge or any 
court an official, or even a private, opinion concerning any 
legal question, no more so than any private individual. By 
the constitution he is expressly commanded to "transact all 
necessary business with the officers of Government, ' ' and to 
"take care that the laws be faithfully executed." He re- 
ceives many letters from private individuals, which he usually 
answers, although often on subjects not connected with the 
duties of his office, and which he is under no obligation 
to answer. He is also commander-in-chief of the military 
and naval forces of the State, and may call them out to en- 
force the laws, to suppress an insurrection, or to repel an 
invasion of the State. 

7. Pardons, Reprieves and Commutations. 

To the Governor is entrusted a very grave duty and a 
great power with reference to pardons, reprieves and commu- 
tations. In some States a "Board of Pardons " is created 
who have power to pardon criminals, grant reprieves and 
commutations ; and in this State the General Assembly has 
the power to create a "Council," to be composed of State 
officers, without whose advice and consent the Governor could 
not grant a pardon in any case, unless the law gave him the 
sole power in that particular instance. Some officer or board 
of officers should always have the power to grant a pardon or 
reprieve, or even a commutation. Sometimes an innocent 
man is convicted, and when his innocence is made clear, he 
should be pardoned ; for it is repugnant to all sense of justice 
to punish an innocent man, and if the State has secured his 



62 THE GOVERNMENT OF INDIANA. 

conviction it should speedily do all it can to wipe out the 
stain cast upon him. A ' l pardon ' ' is the forgiving of the 
offense for which a person has been convicted. It relates 
wholly to the commission of crimes. But the Governor can 
not grant a pardon until after the offender or criminal has 
been tried and convicted. He has the power to grant a par- 
don "for all offenses, except treason and cases of impeach- 
ment." The General Assembly may provide regulations for 
granting pardons, as well as for reprieves and commutations, 
but it has not done so. Upon conviction for treason, he has 
power to suspend or postpone the execution of the sentence 
or judgment of conviction until the case can be reported to 
the General Assembly at its next regular or special meeting. 
That body may then ' ' either grant a pardon, commute the 
sentence, direct the execution of the sentence, or grant a 
further reprieve. " An "impeachment" is a. sentence or 
judgment of a court or of the General Assembly depriv- 
ing an officer of his office for some offense or misdeed he 
has committed; and in such an instance the Governor can- 
not pardon the person removed and thus restore him to 
office. Pardons are of two kinds: — one, an absolute, com- 
plete or general pardon, wherein the convicted person has 
his sentence or punishment completely removed or set aside, 
and the other a conditional pardon. In an instance of a 
general pardon, the stain of guilt is completely removed, and 
the pardoned individual has the same rights under the laws 
of the State as if he had never been convicted of a crime. A 
conditional pardon may be upon the happening of some 
event or the performance of some duty by the person receiv- 
ing it. If the person thus pardoned is to refrain from doing- 
some act, and he does not, he forfeits his pardon, and the 
Governor may cause his arrest and return to prison. If the 



THE GOVERNOR. 63 

pardon be granted upon the condition that the person receiv- 
ing it perform some act, he must perform that act before the 
pardon takes effect. When the pardon is an absolute or un- 
conditional one, the Governor has no further power over the 
person pardoned; but when it is a conditional pardon, and 
the condition on which it is granted is broken, the person to 
whom it is granted has forfeited his right to it and the Gov- 
ernor may cause his arrest and re-imprisonment. The par- 
don is always in writing, signed by the Governor and deliv- 
ered to the person for whom it is intended. The person to 
whom it is granted may refuse to accept it; in which event 
it is of no force or effect. In addition to his power to grant 
pardons, the Governor lias power to "parole" a prisoner. 
A parole is a release of a person from prison for a certain 
period of time or until the Governor shall order him back to 
prison: and in late years this method of dealing with crim- 
inals has been frequently employed. "While out on parole, 
a prisoner's time is treated the same as if he were in prison; 
and he is not compelled to stay in prison any longer than if 
he had not been paroled. Thus if he has been sent to prison 
for one year, and three months of that time he has been out 
on parole, he does not stay in the prison a whole year, but 
only nine months of a year. The Governor, as we have 
seen, has power to grant a ' i reprieve, " or u respite, ' ' as it is 
sometimes Called. A reprieve is only granted when the pun- 
ishment is the infliction of the death penalty; and then only 
in order that the prisoner or convicted person may take some 
steps to establish his innocence, or where there is a doubt of 
his guilt and the matter is under investigation; or where he 
has appealed his case to the Supreme Court and it has not 
been decided before the day set for carrying out the judg- 
ment of the court, or before the day for his execution. But 



04 THE GOVERNMENT OF INDIANA. 

the Governor may, however, without any cause grant a re- 
prieve, and for any length of time, although this is never 
done. A "commutation" is the changing of the punish- 
ment to another and lesser punishment; and is frequently 
done, where the prisoner is sentenced to death, by changing 
or commuting the sentence to imprisonment for life. In ad- 
dition to these great powers, the Governor has the authority 
to "remit" a fine or forfeiture. A "fine" is a certain 
amount of money a court has ordered an offender to pay the 
State because of some offense he has committed, and is a 
substitute for an imprisonment. If the offender does not 
pay it, he must go to prison. This fine the Governor may 
"remit;" which is, forgive the debt due the State, and it has 
the same effect as a pardon. A ' ' forfeiture " is a penalty 
that has been incurred by agreeing that a certain thing shall 
be done or, if not done, the person so agreeing will pay the 
State a certain sum of money. Thus, if a person be arrested 
on a charge of having committed a crime, he may usually 
give a bond to the State, with a surety or bondsman agree- 
ing to appear in court on the day his trial is set, and if he do 
not, that he and his surety or bondsman will pay the amount 
named in the bond. If he do not so appear, his bond is 
forfeited, and this is called a "forfeiture" due the State. 
This debt the Governor may forgive or "remit." At the 
next meeting of the General Assembly after he has granted 
them, the Governor must report to it all pardons, reprieves, 
commutations, and all remissions of fines and forfeitures, 
with the amounts. This is to give publicity to his acts, and 
serves as a check to an undue use of the pardoning power. 

8. Filling Vacancies in Offices. 

Whenever a vacancy occurs in a State office, or in the 



THE GOVERNOR. 65 

office of Judge of any Court, the Governor must fill the office 
by appointment. The person thus appointed holds the office 
until his successor has been elected and sworn into office. 
This election takes place at the first general election held 
after the office becomes vacant. The General Assembly 
may fill a few offices by appointment; and if a vacancy 
should occur in such an office when that body is not in ses- 
sion, then the Governor must fill it. If a new State office be 
created, there is at once a vacancy; and the Governor fills the 
vacancy by appointing a person to the office. He cannot, 
however, fill a vacancy in the office of a member of the Gen- 
eral Assembly; that can only be done at a special election 
called by him for the purpose of filling such vacancy. 

9. Issues Commissions. 

It is made the duty of the Governor to issue a commis- 
sion to all the State officers, to all county officers, justices of 
the peace, and notaries public. He does not give the mem- 
bers of the General Assembly commissions, nor to the newly 
elected Governor or Lieutenant-Governor, nor does he give 
township officers commissions, unless they be justices of the 
peace. These commissions he can only issue when he has 
been officially notified that the persons receiving them have 
been elected to office, or when he has appointed them to fill 
a vacancy. 

10. Residence — Salary — Assistants — Resignation. 

The Governor must reside at the seat of Government; or, 
in other words, at the Capital; and he must there keep the 
records of his office. That is the place where he is entitled 
to vote. His salary is five thousand dollars a year, payable 
in installments every three months. This salary can never 



mm 



66 THE GOVERNMENT OF INDIANA. 

be increased or diminished during his term of office. In the 
early years of the State he was provided with a residence or 
dwelling-house; but in after years this fell into decay and was 
torn clown. Not until recently has the State shown any in- 
clination to follow the old practice ; but now six hundred dol- 
lars a year are allowed the Governor in order to provide him- 
self with a suitable residence. The salary of the Governor is 
inadequate to meet the many demands upon his purse; and 
few Governors have saved any money while in office. The 
official expenses of his office are paid by the State. The 
State also provides pay for a private secretary for him, whom 
he selects, as well as a stenographer and a recording clerk. 
When he desires to resign his office, he sends his resignation 
to the Legislature, if it be in session, and if not, to the Secre- 
tary of State. 

11. Fugitives from Justice. 

There is one duty the Governor is required to perform 
that is imposed upon him by the laws and Constitution of 
the United States. Thus, if an individual commits a crime 
or offense in another State and then flee or come into this 
State, the Governor of that other State, after the individual 
has been indicted, may make a demand upon the Governor 
of this State, for the arrest and return of the criminal. This 
demand is called a ' ' requisition ' ' and is accompanied by a 
copy of the indictment or accusation, and also by the ap- 
pointment of an agent to receive the person accused. The 
Governor of this State when such a demand is made upon 
him, issues a warrant for the arrest of the person thus accused. 
When he is arrested he is taken before a Judge of the court 
of the county where the arrest is made, if he request it, who 
examines into the matter, and if it is found that he is the 



THE GOVERNOR. 67 

person named in the indictment, the Judge orders him de- 
livered to the agent, who takes him to the demanding State 
for trial. If the Governor of this State refuse to issue his 
warrant, or "to honor the demand," as it is frequently 
termed, there is no power to compel him to do so, not even 
the Supreme Court of the United States, nor our own courts. 
When a criminal flees or goes from this State to another State, 
our Governor may make a like demand on the Governor of 
that other State for his return, and may follow him up from 
State to State until he is secured. If the criminal flee to a 
foreign country, then the Governor may request the Secretary 
of the United States to demand of that country his arrest and 
return to this State. A criminal thus fleeing to another State 
or country is called a "fugitive from justice. " 

12. The Governor's Exemptions. 

Because of his high office the Governor enjoys certain 
privileges not enjoyed by private individuals or by any other 
officer of this State. According to the theory on which our 
government is formed, he is at the head of the administrative 
department of the State, and every administrative officer is 
subordinate to or under his authority, and they have no 
power over him. As we have seen, he is the chief executive 
officer of the State. He belongs to the administrative depart- 
ment of the State, and is on an equality with the highest 
judicial and legislative authority of the State. He cannot 
command or control the judicial or legislative departments of 
the State nor any officer belonging to them. These three 
great departments of the State, as we have seen, stand on an 
equality and on an equal footing; no one of them can con- 
trol either of the other two. If the Governor refuse to per- 
form an act which by law he should perform, the courts 



68 THE GOVERNMENT OF INDIANA. 

cannot make him perform it; for if he were to refuse to obey 
the court then the court could not do as it does with a pri- 
vate individual or an ordinary officer Avho refuses to obey 
it, — send him to jail for contempt of court. For if it were to 
send him to jail to compel him to perform the act, the judi- 
cial department would not only be in control of the execu- 
tive department of the State, but would deprive the State, 
for the time being, of the services of its Governor, and the 
State would then virtually be without a Chief Executive 
officer. If the Governor were to commit a crime, even the 
crime of murder, he could not be arrested nor imprisoned so 
long as he holds the office of Governor; for no officer has 
power to arrest or imprison him. If he were to resign, or 
were removed from office by impeachment, or his term of 
office expire, he could then be arrested for the offense he 
had committed during the time he held office; but he can- 
not be arrested nor imprisoned for refusing to obey an order 
of the court made while he holds the office of Governor. No 
other officer in this State enjoys this privilege, unless it be. 
the Lieutenant-Governor when acting as Governor. 



CHAPTER VI. 

THE LIEUTENANT-GOVERNOR. 

1 . Election — Qualifications — Term — Vacancy — Pay. 

In the chapter on the Governor several things were 
stated with reference to the office of Lieutenant-Governor, 
which are not necessary to be repeated here. He is elected 
at the same time as the Governor and in the same manner. 
A Lieutenant-Governor cannot be elected except every four 
years, even though a vacancy occur before the time of the 
intervening biennial election. If he die or resign his office, 
the President of the Senate performs his duties when that 
body is in session; and if the Governor were afterwards to die, 
such president would then become the Acting Governor, just 
as the Lieutenant-Governor becomes the Acting Governor 
when the Governor dies. He cannot be elected to any other 
office during the term for which he was elected, even though 
he resign before the time of the election. No member of 
Congress, nor any person holding any office under the United 
States, or under this State can fill the office of Lieutenant- 
Governor. A mere plurality of votes is sufficient to secure 
his election; and if there be a tie in the vote of the two per- 
sons receiving the highest number of votes, the General As- 
sembly, when that result is officially determined, immediately 
proceeds to elect one of such persons to the office. The per- 
son elected Lieutenant-Governor must have the same qualifi- 
cations as is required of the Governor; and his term of office 
begins and ends on the same days the term of that officer 



70 ' THE GOVERNMENT OF INDIANA. 

begins and ends. He receives one thousand dollars a year 
as his pay, and eight dollars a day while the Senate is in ses- 
sion; and while acting as Governor, the pay of that officer. 
He is not required to reside at the capital, like the other 
State officers must do, except when he is serving as Acting 
Governor. 

2. Duties. 

When not presiding over the Senate, the Lieutenant- 
Governor has no duties to perforn. By virtue of his office as 
Lieutenant-Governor he is President of the Senate, and pre- 
sides over that body whenever it is in session, unless sickness 
jDrevents, in which event a Senator is elected President who 
so presides. At certain times when the Senate is in session, 
he has a right to join in the debate and to vote, but this he 
rarely does. "Whenever the Senate is equally divided on a 
question he gives what is called the "casting vote," and 
thus decides the vote of that body. As presiding officer it is 
his duty to maintain order and decide all questions of parlia- 
mentary law presented by the proceedings of the Senate. 
He may call any Senator to act in his place temporarily; and 
in the event he does this, he may resume his position as pre- 
siding officer at any moment. 



CHAPTER VII. 

THE SECRETARY OF STATE. 

1 . Election — Terms — Bond — Salary — Deputy — Vacancy. 

The next State officer in importance, in popular estima- 
tion, though not necessarily in fact, is the Secretary of State. 
He is elected every two years, and must reside at Indianapo- 
lis so long as he holds his office. Unlike the Governor, he 
may hold the office two terms in succession; but he may not 
hold it more than four years in any period of six. He is 
elected in the same manner as the Governor, and receives 
his commission from that official. He must give a bond for 
ten thousand dollars for the faithful performance of his duties. 
His salary is sixty -five hundred dollars a year, payable out 
of the fees he is required to collect for the State. He has a 
deputy whom he appoints, and who receives eighteen hun- 
dred dollars a year; and also a clerk who receives one thou- 
sand dollars for the like period. If a vacancy occur in the 
office of the Secretary, the Governor fills it by appointment; 
and the person appointed holds until the next general elec- 
tion. He never acts as Governor; and can exercise none of 
his powers or authority. 

2. Duties. 

The Secretary of State has various duties to perform, 
many of which are insignificant in importance. He is the 
keeper of the official records of the State; such as, the en- 
rolled original and written copy of the State constitution; 
the manuscripts containing the enrolled laws and joint reso- 



72 THE GOVERNMENT OF INDIANA. 

lutions of the Legislature; all official bonds of officers ap- 
proved by the Governor, except his own (which is kept by 
the Recorder of Marion County), and all written contracts of 
the State, unless some particular law provides for their de- 
posit elsewhere. He also makes a record of all the official 
acts of the Governor in books prepared for that purpose. He 
keeps a copy of all commissions issued by the Governor. 
Whenever that official signs a document in his official ca- 
pacity, or as the Governor, and not as a private individual, 
the Secretary must also sign the document as a witness to 
his signature and attach the great seal of the State thereto. 
Every year he must make a report to the Governor; and 
when the General Assembly meets, this report is laid before 
it by the Governor. 

3. The State Seal. 

He also keeps the State Seal or the ' ' Seal of the State of 
Indiana," as it is officially called, for the Governor; and 
must keep a description of it on file in his office. This seal 
is made of iron, and so constructed that it will make an im- 
pression on the paper on which it is used. The form now in 
use has been used ever since the year 1816, although the in- 
strument with which the impression is made has been many 
times renewed. Unless this seal be attached to official docu- 
ments issued by the Governor or Secretary, they are usually 
of no force or value. By the constitution the Governor is 
made the keeper of this seal, but it is kept in the office of 
the Secretary of State, and the Governor never, in fact, has 
possession nor makes any personal use of it. 

If. Other Duties. 

Any one desiring a copy of any document required by 



THE SECRETARY OF STATE. 73 

law to be kept in the office of Secretary of State may apply 
to him, and on payment of his fees or charges, as fixed by 
law, will be entitled to it. He may then obtain any number 
of copies; for it is made the Secretary's duty to give them to 
him. When the General Assembly meets, he must lay before 
either house all papers, minutes and vouchers concerning his 
official acts or proceedings if it require it. Either house may 
also examine any document in his office by a committee ap- 
pointed for that purpose; and, in fact, that privilege is usu- 
ally given to any private individual who desires to do so. If 
the Governor desires it, he must furnish him in writing in- 
formation upon any subject concerning the duties of the 
office. He is also a member of the State Board of Tax Com- 
missioners. 

5. Duties Concerning Laws of the State and Public Journals. 

Whenever a law has been enacted or passed by the Gen- 
eral Assembly, the official copy, written out on large-sized 
sheets of heavy writing paper, is filed in the office of the 
Secretary of State, and he attaches his name to it as witness 
to the Governor's signature ; not, however, using the Seal of 
the State. At the end of the session of that body he binds 
up these various official copies into a large volume. In his 
office are many volumes of these written laws ; and whenever 
there is any dispute over the accuracy of the printed copy, 
this written copy is resorted to and must be followed. While 
differences between the printed and written copies are not 
frequent, they have, however, occurred in the past. At the 
end of a session of the Legislature it is made his duty to 
cause to be printed one copy of the laws and joint resolutions 
enacted by it for every forty votes cast within the State at 
the last preceding election. After these are printed he sends 






74 THE GOVERNMENT OF INDIANA. 

to each county of the State twenty -two copies for each one 
thousand votes cast in it at the last election ; he also gives to 
all the officers of the State one copy, and the remainder he 
keeps on hand for sale. The county clerk, who receives 
these copies of the laws, distributes them among the county, 
city, town and township officers of his county, and the re- 
mainder he is supposed to sell, though, in fact, he usually 
gives them away to such persons as desire, and who will take 
care of them. Besides printing these laws he must print 
sixteen hundred copies of the Journal of the Senate ; a like 
number of the Journal of the House, and six hundred of 
the Documentary Journal. These he delivers to the State 
Librarian for distribution. The Senate and House Journals, 
as has been stated, are the official records of the proceedings 
of the Senate and House when in session, omitting the 
sjDeeches delivered by their members. The Documentary 
Journal consists of the official annual reports of State and 
other officers made to the Governor concerning the condition 
of their departments. All this printing is paid for by the 
State, and requires many thousands of dollars. 

6. Public Printing. 

The Governor, Secretary of State and Auditor of State 
are commissioners of such public printing as the State is re- 
quired by law to have done, and they have charge of all such 
printing, except that described in the preceding section. 
They have nothing to do with the printing for counties. They 
have a clerk who is required to be an expert printer, and who 
receives fifteen hundred dollars a year. If any State officer 
requires any stationery for his office, or any necessary print- 
ing to be done for it, he applies to these commissioners, and 
if it is such as the law requires the State to furnish, they 



THE SECRET AR Y OF ST A TE. 75 

direct the clerk to furnish it, and its cost is paid for by the 
State. Every two years the contract for this stationery and 
doing this printing is let out by contract to the highest 
bidder. 



CHAPTER VIII. 

THE AUDITOR OF STATE. 

1 . Election — Bond — Salary — Deputy — Clerics. . 

The Auditor of State is elected every two years, at the 
same time the Secretary of State is elected. If there be a 
vacancy in the office the Governor fills the vacancy by ap- 
pointment. He, too, like nearly all the State officers, must 
reside and keep his office at Indianapolis. He must also 
give an official bond, in the sum of ten thousand dollars, 
which is approved by the Governor and filed with the Secretary 
of State. His salary is seventy-five hundred dollars a year. 
He has a deputy who receives twenty-five hundred dollars a 
year; and two clerks, each receiving a salary of eighteen hun- 
dred dollars per annum. He is a very important member of 
the State Board of Tax Commissioners. No one can serve 
as Auditor more than four years in any six. 

2. Duties. 

The office of Auditor of State is a very important one, 
and one full of responsibilities. He is the book-keeper for 
the State. While the Secretary of State records the official 
acts of the Governor and General Assembly, the Auditor must 
keep the accounts of the State, a record of the amounts of 
money it receives, from what source, and the amount and to 
whom paid out. In this way he is required to keep a record 
of every cent received by the State (but not by the counties) 
and to keep an account not only with the United States and 
each county of the State, but with every individual to whom 



THE AUDITOR OF STATE. 11 

any money is paid by the State. If any claim against the 
State is presented for payment, he must examine and see that 
it is justly due the person claiming it. No money can be 
paid out of the State Treasury unless the Auditor issues an 
order, called a ' ' warrant, ' ' directing that it be paid. If any 
money be due the State he may collect it; and it is his duty 
to do so. For this purpose he may bring suit in any court 
of the State. Every two years he must report to the General 
Assembly the receipts of, and payments made by, the State. 
A synopsis, or abbreviated statement, of this report is pub- 
lished every two years in the back of the laws published by 
the Secretary of State. 

3. Other Duties. 

He has many records in his office, copies of which can 
be obtained on the payment of certain fees. He also has a 
seal. In his office are kept all the mortgages given for money 
loaned by the State, and many deeds for lands now, or in 
former times, owned by the State. All the records pertaining 
to certain kinds of lands once owned by the State or by the 
Wabash and Erie Canal Company, are kept by him in a sepa- 
rate department, called the "Land Department, " over which 
a clerk has charge, called the ' l Land Clerk. ' ' All the records 
of his office can be examined by the General Assembly; and 
usually any one can examine these records under the super- 
vision of a clerk of the office. Every six years he must su- 
perintend the enumeration of all the voters within the State, 
and publish the result. He appoints an officer called the 
' ' Bank Examiner, ' ' whose duty it it is to make an examin- 
ation, whenever he thinks it necessary, of all banks organized 
under the State laws; but not, however, of those called "Na- 
tional Banks," which are organized under the United States' 






F 



78 THE GOVERNMENT OF INDIANA. 

laws. If he finds a State bank in a failing condition, he may 
take charge of it and proceed to collect its monies and pay its 
debts. He has supervision over all insurance companies or- 
ganized under the laws of the State, or of other States and 
counties and doing business here; and for that purpose, one 
part of his office is called the ' ' Insurance Department, ' ' and 
the clerk in charge of it the ' ' Insurance Clerk. ' ' His duties 
concerning the collection of taxes are very numerous and re- 
sponsible. 



CHAPTER IX. 
THE TREASURER OF STATE. 

1. Election— Bond — Salary — Deputy. 

The Treasurer of State is elected every two years at the 
general State election. He can serve not to exceed four years 
in any period of six years. He must reside at Indianapolis 
and there keep his office. Before entering upon his office he 
must execute a bond, to be approved by the Governor, in the 
large sum of seven hundred thousand dollars, with at least 
twenty sureties who reside in and own land in this State. 
The reason for requiring such a large bond, or a bond in so 
large an amount, is, because he has charge of and keeps all 
the State's monies. If the Governor and Auditor of State 
come to the conclusion that his bond is not sufficient, then 
they may require him to give a new one. His salary is 
sixty -five hundred dollars a year. He can appoint a deputy, 
who receives two thousand dollars a year. 

2. Duties. 

It is made the duty of the Treasurer of State to keep all 
the monies paid to him in a vault provided by the State. 
For this purpose the State has built in the departments, 
set apart to the Treasury of the State in the State-House, 
commodious and burglar-proof vaults or safes, all equipped 
with the most approved kind of locks. No burglar or thief 
can ever hope to break them open within a day or night, 
These vaults are large enough to hold all the money the 
State can ever expect to have at any one time. There are 



80 THE GOVERNMENT OF INDIANA. 

many sources from which the State derives money, the chief 
of which are the taxes and interest on the school funds; but 
from whatever source it may come, it must all be paid into 
the State Treasury. No one can, however, pay money to 
the Treasurer until he has gone to the Auditor of State, re- 
ported to him how much he desires to pay in, and from what 
source it has come, and obtained from him an order to the 
Treasurer to accept the money. This course is pursued to 
prevent the State Treasurer from receiving money and never 
accounting for it. No money can be paid out by the Treas- 
urer of State to any person, except upon the order of the 
Auditor of State, called a ' ' warrant, ' ' stating the amount, to 
whom to be paid, and for what purpose or object. Every 
month the Treasurer, with the assistance of the Auditor, 
must make out a statement of the amount of money during 
the past month which he has received, and the amount paid 
out; and publish the report in two newspapers of the city of 
Indianapolis. Every year, on the first of November, he must 
make out a similar yearly report and cause that also to be 
published. Every two years he reports to the General As- 
sembly. The General Assembly may at any time, by com- 
mittee, examine into the condition of the State Treasury; and 
the Governor may appoint a competent person, who, with 
the Secretary of State, may make a like examination. 

3 Law Providing for Payments — Appropriations — Fiscal Year. 
No money can ever be paid out of the State Treasury 
unless there be some law directing it to be done. If the 
Treasurer were to pay out any money where the law did not 
provide for its payment he would be liable on his bond for 
the amount thus paid out. Every two years the General 
Assembly pass a law called the " General Appropriation 



TEE TREASURER OF STATE. 81 

Law," authorizing the payment of certain sums of money 
for each year. This law provides for the payment of all the 
State officers and support of the public institutions of the 
State, and for what purposes the money is to be used. No 
more than the amounts named in this law can be paid out, 
however much more may be needed. The year here referred 
to does not begin on the first day of January, but on the first 
day of November of every calendar year, and it is called the 
State's "Fiscal Year." It ends on the thirty-first day of 
October. All the State's accounts, and the appropriations of 
money provided for one of these years, if not used during 
that year, cannot be used the next. There are some instances 
where the law provides a continuous appropriation : in which 
case no biennial appronriation law is necessary. 



«* 



CHAPTER X. 

THE ATTORNEY-GENERAL. 

1 . Election — Bond — Salary — Deputies. 

The constitution does not create the office of Attorney- 
General as it does those already described. There was no 
such office in the State until 1855, although Indiana Ter- 
ritory, before it became a State, had such an officer. The 
Attorney-General is elected every two } r ears, and can hold as 
many successive terms as he may be elected. In this respect 
he is unlike the other State officers, who usually can hold 
office only four years in any period of six. He gives a bond 
for twenty-five thousand dollars. His salary is seven thous- 
and five hundred dollars a year. He has two deputies, one 
of whom receives eighteen hundred dollars a year, and the 
other, called the "traveling deputy," twenty-four hundred 
dollars and his actual expenses when traveling on business of 
the office. The Attorney-General must reside at Indianapo- 
lis and keep his office in the State-House. 

2. Duties. 

The Attorney-General is the law officer of the State. The 
office has always been held by a lawyer. If the Governor 
request it, he must give him an opinion in writing on any 
question or point of law in which the interest of the State 
may be involved. So he must give a like opinion to any 
State officer on request, on any question or part of a law con- 
cerning such officer's duties. So if the State Senate or House 



THE ATTORNEY-GENERAL. 83 

of Representatives request an opinion on the validity of any 
existing or proposed law, he must also give it an opinion 
concerning its validity. He is not required to give any one 
else an opinion, whether he be an officer or not ; although in 
times past many such opinions have been given as favors, 
but not as a duty. Besides this he has many other duties to 
perform. If the State of Indiana has a suit to bring, he must 
bring and attend to it unless the law provides that some other 
officer must do it in that particular instance. So, under the 
same circumstances, he must defend all suits brought against 
the State. When a criminal case is taken to the Supreme or 
Appellate Court, he must attend to it in that court. So, if a 
State officer be sued because of some duty concerning his 
office, the Attorney-General must defend him. Another duty 
this officer must perform is to collect all monies due the State 
which have not been paid over at the time the law requires 
that to be done. There are various funds that almost every 
county, and some city and town officers, is required to pay 
to the State or county treasurer at certain times of the year; 
and if they do not do it, then the Attorney-General must 
collect it and pay it into the State and county treasury. It 
is the duty of the traveling deputy to hunt up these various 
sums not paid over. The Attorney-General thus acts as a 
spur or prod to negligent or dishonest officers, and saves the 
State many thousands of dollars a year. Every two years he 
makes a report to the Governor. 



CHAPTER XL 

STATE BOARD OF HEALTH. 

1. Its Purpose and Powers. 

The State Board of Health consists of five members — 
four of whom are appointed by the Governor, Secretary and 
Auditor of State ; the fifth member is its own secretary, elect- 
ed by the other four members. It has the general supervi- 
sion of the health and life of the citizens of the State. It is 
its duty to study statistics concerning the health, death and 
sickness of the people of the State; investigate the causes of 
disease, especially epidemics; the causes of mortality, and 
the effects of places, employments, conditions' and circum- 
stances on the health of the people. It has the power to reg- 
ulate the location of plumbing for houses, drainage, water 
supply, the heating and ventilating of public buildings, and 
to compel compliance with its orders in respect thereto. It 
also supervises the registration of births, deaths and marriages, 
furnishing certain forms to be used for that purpose. All 
city, town and county boards of health are subject to its con- 
trol, rules and regulations. Its secretary must be a physician; 
he is known as the " Health Officer of the State." The 
power of the Board during epidemics or the prevailing of con- 
tagious diseases in a community is very great, and is exer- 
cised in a very beneficial manner, in order to prevent their 
spreading to other communities. 



CHAPTER XII. 

STATE GEOLOGIST. 

1. Election — Salary — Museum — Flags — Duties. 

The State Geologist is elected every four years, at the gen- 
eral State election. The law requires him to be " skilled in 
geology and natural sciences, ' ' but in this respect, it has been 
frequently violated. He receives twenty-five hundred dollars 
a year. On the third floor of the State-House, in the south 
end, is a museum over which this officer has charge as ' ' cu- 
rator. ' ' It contains some geological specimens, some Indian 
relics, and also some relics of the Mexican War and the War 
of the Eebellion. It also contains the tattered flags and ban- 
ners carried by Indiana regiments in the late war, and a few 
flags captured from the enemy on the field of battle. Besides 
caring for this museum, it is made the duty of the State Ge- 
ologist to continue a geological survey of the State, long since 
begun, by counties or districts, giving special attention to the 
discovery of minerals, stones and other natural substances 
useful in agricultural, manufacture or the mechanical arts. 
For this purpose, he is given ten thousand dollars a year, out 
of which he must pay his assistants. Every year he must 
make a report to the Governor giving the result of his labors. 
These reports have been published for many years, and often 
contain information of great value. 



CHAPTER XIII. 

BUREAU OF STATISTICS. 

1. Appointment of Chief — Duties — Salary. 

The Bureau of Statistics was not created until 1879. The 
officer at the head of this department is called its ' ' Chief, ' ' 
and frequently the ' ' State Statistician. ' ' He is elected every 
four years and receives a salary of two thousand six hundred 
dollars a year. It is the duty of the Bureau to collect, and 
every year publish, statistical information on agriculture, 
manufacturing, mining, commerce, education, labor, social 
and sanitary conditions, vital statistics, marriages, deaths, 
and on the permanent prosperity of the industry of the State. 
This is a very formidable duty, and in performing it, the 
Chief has the power to call on all county, township, city and 
town officers to aid him. There is scarcely any limit to the 
work he is required to perform. It was not expected that he 
would perform all these duties every year; and so one year is 
often devoted to one subject, and then the next year another 
subject is taken up. Several volumes of these statistics have 
been published, some of which are of great value. The Chief 
has a deputy at one thousand dollars a year; and five thou- 
sand dollars is given him every year with which to carry on 
the work of the Bureau. The Bureau is located in the State- 
House on the first floor. 



CHAPTER XIV. 

# BOARD OF STATE CHARITIES. 

1. Its Purpose and Powers. 

The Board of State Charities is composed of six mem- 
bers; three for each of the two largest political parties. They 
receive no compensation, but the State pays their necessary 
expenses. The Board has a secretary; and once a year it 
makes a full report of all its doings during the preceding 
year, showing the actual condition of all the State institu- 
tions under its control, with such suggestions as it deems 
necessary and pertinent. The Board has a room in the 
State-House. Its work is very important and beneficial. It 
has the power to investigate the whole system of public chari- 
ties and correctional institutions of the State, and examine 
into their condition and management. It may make a like 
examination into the prisons, jails, infirmaries, public hos- 
pitals and asylums. All officers in these institutions are re- 
quired to furnish the Board on its request, such information 
and statistics as it may require. All plans for jails and in- 
firmaries in the State must be submitted to it for approval 
before such j ails or infirmaries can be built. The Board may 
investigate all these institutions, whether they belong to the 
State or to a county; and compel persons to testify under 
oath concerning their management. 



CHAPTER XV. 

COMMISSIONER OF FISHERIES. + 

1. Appointment — Salary — Duty. 

Every two years the Governor appoints a Commissioner 
of Fisheries, who receives a salary of three hundred dollars 
a year. It is made his duty to examine the lakes, rivers 
and streams of the State to ascertain if they can be made 
more productive in the supply of fish, and ascertain what 
steps ought to be taken to attain this object, either in propa- 
gating or raising fish or in preserving those already there. 
He must also enforce all laws for the protection and preser- 
vation of fish ; and report the result of his investigations and 
labors to the next General Assembly. He is given two thou- 
sand dollars a year for his expenses. 



CHAPTER XVI. 

STATE LIBRARIAN. 

1. Election — Bond — Salary — Assistants. 

The State Librarian is the officer who has charge of the 
State's general library. He is elected every two years by the 
State Board of Education, which has control of the State's 
library under the name of the ' ■ State Library Board. ' ' He 
is required to give a bond in the sum of two thousand dol- 
lars. His salary is fifteen hundred dollars a year; his first 
assistant receives eleven hundred and the second nine hun- 
dred dollars a year. 

2. The State Library — Librarian's Duties. 

The State's general library consists of several thousand 
books situated on the second floor at the south end of the 
State-House. Many of these books are valuable, but many 
others are not. Besides the books, there is in the library 
a large oil painting of every Governor both of Indiana 
Territory and of the State, painted at the expense of the 
State, by eminent artists. The library is kept open from 
nine o'clock in the forenoon to four in the afternoon, except 
on Sundays and holidays. No book can be taken from the 
room, except temporarily by some of the State officers, and 
then, not out of the State-House. Any one, however, may 
go to the library and with the permission of the librarian, 
use the books, such as he desires being delivered to him at a 
table for his use. One thousand dollars a year is provided 



90 THE GOVERNMENT OF INDIANA. 

for the purchase of new books. Such books as the State 
publishes it exchanges with other States for books they pub- 
lish, and in this way many books come to the library. The 
library also receives all the publications of the United States. 
To all these things the Librarian attends. Besides, he must 
collect all the papers and documents, except the laws, of 
each session of the Legislature and preserve them for future 
use. There is another library on the same floor of the State- 
House, at its north end, consisting only of law books, called 
the ' ' Supreme Court Library, ' ' over which the Librarian of 
the general library has no control. It is under the control of 
the Supreme Court. 



CHAPTER XVII. 

THE STATE BENEVOLENT INSTITUTIONS. 

1. The Different Institutions. 

In the early history of the State there was no provision 
made for the blind, the deaf and dumb, the insane, nor for 
feeble-minded children. It is only within the last fifty years 
that provisions for these unfortunate classes have been made 
by the Sta.te. The constitution declares that the Legislature 
must make provisions for the deaf and dumb, for the blind 
and for the insane ; and this it has done. These institutions, 
and also the reformatory institutions, are supported by a tax 
of five cents on each one hundred dollars of property within 
the State, levied each year. 

2. Hospitals for the Insane. 

There are four hospitals for the insane : one near Logans- 
port, called the " Northern," another near Indianapolis, 
called the ' ' Central, ' ' the third near Richmond, called the 
"Eastern," and the fourth near Evansville, called the 
"Southern." These hospitals contain hundreds of insane 
patients. The oldest and largest is that situated near Indian- 
apolis, consisting of two large buildings, one for males and 
the other for females. For each hospital there is a board of 
three trustees, who serve without pay, appointed by the Gov- 
ernor. Not more than two members of each board can be- 
long to the same political party. This is to render the man- 
agement of these hospitals as nearly non-partisan as possible. 
The Governor may remove any member of a board at any 



92 THE GOVERNMENT OF INDIANA. 

time he sees fit ; but that is not done unless he thinks he has 
good cause for so doing. These trustees each serve three 
years, but their terms do not all expire at the same time. 
Each board of trustees appoints a superintendent for the hos- 
pital over which it has charge, who has direct charge thereof. 
It also appoints many officers and subordinates who assist in 
taking care of the patients. These officers and subordinates 
live in or near the hospital and are fed and housed by the 
State. Before a person can be sent to a hospital for the in- 
sane some one must make oath before a Justice of the Peace 
that such person is insane. The person thus said to be in- 
sane is then, on a day named by the Justice, brought before 
him and another Justice, who examine witnesses concern- 
ing the insanity of the person. If they are convinced that 
-he is insane they sign a statement to that effect and file 
it with the County Clerk. The clerk then issues an order 
or warrant to the sheriff of the county to take the insane 
person to one of the hospitals for the insane and deliver 
him to the superintendent. The patient is there kept until 
cured ; and those not cured are usually kept there until their 
death. Persons, however, who are not dangerous are usually 
not sent to the hospital. If persons be sent who are pro- 
nounced incurable, they may be returned to the counties that 
sent them. 

S. Institute for the Blind. 

There is but one Institute for the Blind, which was estab- 
lished in 1847. It is situated in the heart of the city of In- 
dianapolis, in beautiful grounds. It is also governed by 
three trustees. Like the trustees of the hospital for the in- 
sane, they are appointed in the same way. A superintend- 
ent has charge of the institute; and under him are a number 



BENEVOLENT INSTITUTIONS. 93 

of subordinates, many of whom live in the building. The 
blind admitted to this institute are persons under twenty-one 
years of age. While it is sometimes called a ' ' hospital, ' ' it 
is in fact nothing more than a school to teach the blind. 
Many of them become very good musicians ; and all of them 
are taught to read by the use of their fingers. Notwithstand- 
ing their blindness, they are capable of performing labor, or 
work, and are taught trades not requiring much skill. No 
charge is made for their tuition. 

If. Institute for Deaf and Dumb. 

There is also only one Institute for the Deaf and Dumb, 
and that is situated at Indianapolis in a beautiful grove of 
native trees. It is also governed by a board of three trustees, 
like the hospitals for the insane; and it has a superintend- 
ent and subordinate officers and servants. All the inmates 
of this institute are minors, or less than twenty-one years of 
age. They are taught the same studies taught in the com- 
mon schools, without charge; besides each one is taught a 
trade, how to speak orally, and how to communicate with 
others by the use of the fingers. 

5. Indiana School for Feeble-Minded Youths. 

Near the city of Fort Wayne is situated a school for 
youths who are feeble-minded, whether they were made so 
by a disease or were born so. This school is supported by 
the State, and so are nearly all the pupils in it. There are 
admitted, however, private pupils, whose tuition and ex- 
penses are paid by their parents or guardians when they can 
do so. It is governed by a board of three trustees, appointed 
by the Governor, not more than two of whom can belong to 



94 THE GOVERNMENT OF INDIANA. 

the same political party. It also has a superintendent, a 
principal, a matron and a number of teachers. No one over 
the age of eighteen years can be admitted, unless he is 
admitted as a private pupil and his expenses paid to the 
State. 

6. Soldiers' and Sailors' Orphans' Home. 

Near Knightstown, in Rush county, is situated the Sol- 
diers' and Sailors' Orphans' Home — a home, as its name in- 
dicates, for the orphans of soldiers and sailors who have 
served the United States in the army and navy. It, too, is 
governed by a board of three trustees appointed by the Gov- 
ernor. It has a superintendent and steward who must be 
honorably discharged soldiers of the Union in the War of the 
Rebellion. Children, both boys and girls, residing in this 
State under the age of sixteen, who are destitute of the means 
of support and education, and whose fathers, now dead, were 
soldiers or sailors in the late Civil War, may be admitted to 
the Home under the rules of the board of trustees. If the 
fathers of such children be living, but are unable to support 
them, their children may also be admitted. If an inmate of 
the Home be unable to support himself, by reason of disease 
or the like, he can stay in the Home until he is eighteen years 
of age ; otherwise he is discharged on arriving at the age of 
sixteen. A school is taught in this Home practically like 
our schools in towns and cities, having a primary, an inter- 
mediate and a high-school department. Shops are also main- 
tained in which all the pupils are taught some trade, art or 
occupation and the use of tools. The pupils are required to 
assist in keeping the grounds and farm connected with the 
school in order. They are not charged anything for food, 
clothing or tuition. 



BENEVOLENT INSTITUTIONS. 95 

7. Soldiers' and Sailors' Home. 

The Indiana State Soldiers' Home is located near the 
city of Lafayette, on a large tract of land, the gift to the 
State by the Grand Army of the Republic for the State of 
Indiana. A board of five trustees, appointed by the Gover- 
nor, has charge of this Home. This board appoints a "Com- 
mandant" for the Home, and also an " Adjutant." These 
officers reside at the Home and are supported by the State. 
The Commandant has direct charge of the Home, and con- 
trols all its officers and employees. All honorably discharged 
soldiers and sailors, who have served the United States in 
any of its wars, and who have been residents and citizens of 
the State for one year immediately preceding their applica- 
tion for admission, and who may be disabled or destitute, 
and their wives, may be admitted to the benefits of the Home. 
Widows over forty-five years of age, who have been wives 
of soldiers or sailors likewise may be admitted. Preference, 
however, is given to those who have served in Indiana mili- 
tary organizations. Widows admitted, who receive a pension 
of over eight dollars a month may be required to pay the 
Home all in excess of that amount, and it may be used to 
support the Home. Any county of the State may build a 
cottage on the ground for the use of the inmates of the Home, 
and several counties have already done so. 



CHAPTER XVIII. 
COUNTIES. 

1. Number. 

The State is divided into ninety-two divisions called 
' ' Counties. ' ' The number of counties have varied from 
time to time. In the early history of the State there were 
not so many as now, but as population became thicker, more 
counties were created. The oldest county is Knox, of which 
Vincennes is the county-seat, and the youngest Newton, hav- 
ing been taken off the western side of Jasper in 1859. The 
boundaries of each county is designated by law. If a stream 
of water is on the boundary, the middle of the stream is the 
boundary line. So where the Wabash or Miami river forms 
a boundary, between this State and Illinois or Ohio, the 
county or state line is the middle of the river. Where a 
county borders on the Ohio river the line is at low water on 
the Indiana side of the river. 

2. Change of Boundaries — New Counties. 

Sometimes the people of a particular locality desire to 
be annexed to or put into an adjoining county; and an elec- 
tion, when such is the case, is ordered by the Board of 
County Commissioners for that purpose. If a majority favor 
the change it is made. But there is a limit to these changes. 
The constitution provides that no county shall be so changed 
as to reduce the size below four hundred square miles. When 
the constitution was adopted in 1851, some of the counties 



COUNTIES. 97 

then formed did not have four hundred square miles, and it 
was declared in that instrument that such counties should 
never be reduced in size. So if the people in a territory situ- 
ated in two or more counties, having an area of at least two 
hundred square miles, desire to form a new county, they 
may ask that an election be held to determine the question; 
and if a majority of the votes cast in that territory are in 
favor of the proposed new county, it is established. This 
new county may have less than four hundred square miles, 
but not less than two hundred. 

3. County-Seat. 

The "County-Seat" is the capital of the county. It is 
the place where the county courts are held and where all the 
county officers are required to keep their offices. There is 
only one instance where a court for a county is not held at 
the county-seat; and that is the Superior Court held at Ham- 
mond in LaPorte county. The county-seat is Valparaiso; 
but as Hammond is a large and thrifty town, the Legisla- 
ture provided that the Superior Court for the county should 
be held at that place. Valparaiso has, of course, the Cir- 
cuit Court. County-seats can be, and have often been, 
changed from one place to another, if the voters at an elec- 
tion held for that purpose so decide. The proposition to 
change the county-seat often leads to scenes of great strife 
and contention; for a town that has it does not care to lose 
it, and the people of the place and those near it will make 
great efforts to retain it. But as it is considered a great prize 
for a town to win, those desiring the change are apt to make 
as great an effort to secure the change as the others to pre- 
vent it. Some of the most hotly contested elections in the 
State have been over the proposed change of county-seats. 

-7 



98 THE GOVERNMENT OF INDIANA. 

5. Board of County Commissioners. 

In every county is a board called the ' ' Board of County 
Commissioners," consisting of three commissioners, who 
each serve three years. The county is divided into three 
districts, and one commissioner is elected from each district, 
although the entire county vote for his election. Not more 
than two are elected at any one election; so that the terms of 
their offices do not always begin at the same time. This is a 
very important board, for it has control of all financial and 
other affairs of the county. They are the agents of the 
county to look after its welfare and obtain or direct all its 
business. The board holds one session at the court-house on 
the first Monday in each of the months of March, June, 
September and December. In counties having a population 
of more than fifty thousand inhabitants, they hold sessions, 
more frequently, at least once a month, and sometimes two. 
These are the regular sessions, and they vary in length ac- 
cording to the population of each county. Every Board may 
hold special sessions upon the call of the County Auditor, 
and they often do so, if the business of the county demands 
it. There is no limit to the length of these special sessions. 
For every day in session the commissioners each receive 
three dollars and fifty cents; except in counties having over 
fifty-five thousand inhabitants, where they are paid salaries 
of so much a year. When in session, the Board consti- 
tutes a court for the transaction of business. If any one has 
a claim against the county for money it owes him, he must 
present it to the Board for allowance; and if the commission- 
ers refuse to allow it, he may then appeal to the Circuit 
Court and there try the claim again. But one person cannot 
sue another before them; other courts are provided for that 
purpose. Records of their proceedings are kept, which are 



COUNTIES. 99 

written out at length in large books prepared for that pur- 
pose. These books are kept by the County Auditor, whose 
duty it is to attend the sessions of the Board as its clerk. So 
it is the duty of the County Sheriff to attend the Board when 
in session, to execute its orders. 

6. The County Auditor. 

The County Auditor is elected every four years; and he 
cannot serve more than eight years in any twelve. He gives 
a bond in the sum of ten thousand dollars for the faithful 
performance of his duties. He must keep his office in the 
place provided by the county, and keep it open at all times 
during business hours. He is the county's book-keeper. He 
is, as has been stated in the previous section, the clerk of the 
Board of Commissioners. He examines all accounts against 
the county. No claim can be paid until he issues a warrant 
or order for its payment to the person holding it. To secure 
the money on this warrant, it must be presented to the 
County Treasurer, and he will pay it if there be money in 
the treasury applicable to that purpose. He must keep an 
account with the County Treasurer, just like the State Auditor 
does with the State Treasurer. He may appoint deputies or 
assistants and administer oaths. In many things his office 
is the most important in the county. He is paid a salary 
which varies in amount in the various counties. If he die or 
resign, the Board of County Commissioners appoint his suc- 
cessor and the Governor gives him a commission. The County 
Auditor keeps the seal of the county. 

7. Clerk of the Circuit Court. 

The Clerk of the Circuit Court is often called the ' 'County 
Clerk." He is elected every four years; and cannot serve 



100 THE GOVERNMENT OF INDIANA. 

more than eight years in any twelve. He must give a bond 
for the faithful performance of his duties in an amount fixed 
Dy the County Commissioners. He must keep his office in 
the place provided for it; and keep it open every day of the 
year, except Sundays and the Fourth of July, from 9 A. M. 
to 4 P. M. He may appoint deputies or assistants and ad- 
minister oaths. It is his duty to attend the Circuit and 
Superior Court of his County and keep a record of their pro- 
ceedings. He is paid a salary which varies in amount in the 
different counties. He keeps the seal of the court of his 
county, and attaches it to all official papers he may issue. 
When in court, he usually administers all oaths, or swears 
all persons required to take an oath. 

8. County Treasurer. 

The County Treasurer is elected every two years; and he 
cannot serve more than four years in any six. He is required 
to give a very heavy bond, for he is the keeper of the county's 
monies, receiving all its funds. Whenever he receives any 
money, he must give -a receipt for it to the person paying it 
to him. He must keep his office at the place provided for 
it, usually in the court-house; and attend there in person 
or by deputy during business hours. He can pay out no 
money until the County Auditor gives an order or warrant 
on him to the person entitled to it. These are often called 
' ' County Orders. " If he be sued on his bond for a failure 
to account for any of the county's funds, the county commis- 
sioners may remove him from office. The chief duty of the 
County Treasurer is to collect all taxes assessed in the county, 
unless it be those assessed by a city or town. A certain por- 
tion of these taxes belong to the State, and these he must pay to 
the State Treasurer twice a year. He may compel tax-payers 



COUNTIES. 101 

to pay their taxes by selling their property. He receives 
a salary which varies in amount in the different counties. 

9. County Recorder. 

The County Recorder is elected every four years ; and he 
cannot serve more than eight years in any twelve. He re- 
ceives a salary varying in amount in the different counties. 
It is his duty to record all deeds, loans and mortgages of land 
within his county, in large books provided for that purpose, 
when they have been properly executed or made. To record 
a deed or other instrument of writing means to copy it out at 
full length, word for word, in a book furnished by the county. 
All these books are numbered, and then the instruments re- 
corded in them are indexed in separate books. The deeds 
have one index and the mortgages another. The index is 
arranged in alphabetical order. It shows the man's name 
who made the deed, called the "grantor;" and the man's 
name to whom it was made, called the "grantee." This in- 
dex also shows the date the deed was made, when it was left 
in the Recorder's office for record, how much was paid for 
the land, and the book and page where it can be found. The 
same is true of mortgages. The man who makes the mort- 
gage, is called the ' ' mortgagor, ' ' and the man to whom it is 
made is called the "mortgagee." The man who makes a 
lease, which is a written agreement to rent a farm, tract of 
land or a house, is called the "lessor;" and the man to 
whom it is made is called the "lessee" (sometimes the 
"rentor"). The object attained in recording these deeds, 
mortgages and leases is, that any person desiring to buy land 
in the county, or to take a mortgage or a lease of it, can go 
to the Recorder's office and see just who owns it, or if there 
is any mortgage on, or lease of it. In this way a buyer of land 



102 TEE GOVERNMENT OF INDIANA. 

is protected; for otherwise he might buy it from a man who 
claimed to own it when he, in fact, did not own it, and thus 
lose his money. So, too, if he were going to take a mortgage 
from a person on a piece of land, he wants to know if any 
person has a prior mortgage on it ; for the first mortgage is 
always the first lien and must be paid before the second or 
third one can be. If he goes to the Recorder's office and 
finds that there is no mortgage on the land, then he knows 
his mortgage will be first. If a person has been so foolish as 
to take a deed or mortgage and not put it on record in the 
Recorder's office, he runs the risk of either losing his land or 
having some other mortgage put ahead of his ; for the gen- 
eral rule is that a deed or mortgage not recorded within forty- 
five days from the day it was made or executed, will be sub- 
ject to a deed or mortgage taken after that date by a person 
who did not know of the first deed or mortgage. In addi- 
tion to recording deeds, mortgages and leases, the Recorder 
records what are called " Mechanics' Liens." If a person 
works on a house that is being built or helps repair it; or 
if he furnishes any material — such as lumber, stone, glass, 
nails, or anything — to build or repair the house, he may 
have a lien on the house for the value of the work done or 
material furnished, which is very much like a mortgage. To 
acquire this lien he makes out a statement of the amount 
due, what it is for, and has this recorded in the Recorder's 
office. It is then a lien on the house and the land on which 
it stands; and the Circuit or Superior court may order the 
house and land sold to pay off the amount of the lien. 

10. The County Sheriff. 

The County Sheriff is elected every two years ; and can- 
not serve more than four years in any six. His duties are 



COUNTIES. 103 

quite numerous. He must keep the peace in his county, 
suppress all riots, arrest all persons whom he sees commit 
any crime or offense, and keep them until the court orders 
him to release them ; he must attend the Circuit and Superior 
Courts of his county, execute all their orders and keep order 
in the court-room. He has charge of the county jail and the 
prisoners in it. When a prisoner is sent to a State prison by 
the court, he must take and deliver him to the prison officials. 
He must also, when ordered, take insane persons to the hos- 
pital for the insane. Often the court issues him an order to 
go and collect a sum of money from a person who owes it. 
This is called an "execution." If the person who owes the 
debt will not pay it, he must then take his property, if he 
can find any within the county, and sell enough of it to pay 
off the debt ; or, to ' ' satisfy the execution, " as it is called. 
He often has several deputies, frequently called "bailiffs." 
He receives a salary which varies in amount in the different 
counties. If he knows that a serious crime has been com- 
mitted, such as a murder or a theft or robbery, and has good 
reason to suspect a particular person, he may arrest such 
person even though he did not see him commit the crime. 
If the court issues to him an order or warrant for the arrest 
of a particular person, he must arrest him at once, if he can 
find him in the county. 

11. The County Coroner. 

The County Coroner is elected every two years; and he 
cannot serve more than four years in any six. When the 
sheriff of the county cannot act because he is interested, the 
coroner takes his place; and if the sheriff is to be arrested 
the coroner arrests him. His chief duty, however, is to hold 
a trial or inquest over the dead body of any person supposed 



104 THE GOVERNMENT OF INDIANA. 

to have come to his death by violence or accident within the 
county. As soon as satisfied of the death he must at once go 
and see the body. He may then, or at any time after that, 
require persons to come before him and tell him under oath 
what they know about the person's death, which is the sub- 
ject of the inquiry or inquest. Their statements he must 
reduce to writing. If he finds that any person has criminally 
caused the death of the dead person, he must issue a warrant 
or order for his arrest, and cause him to be put in jail to 
await the action of the court. A coroner receives no salary 
except in Marion county. They are paid by fees allowed on 
each inquest held by them. 

12. The County Surveyor. 

The County Surveyor is elected every two years. He 
cannot hold office more than four years in any six. He re- 
ceives no salary, his onty compensation being fees. His chief 
duty is to survey lands by running division lines and locating 
corners. Within a city, however, he cannot make an official 
survey; that must be done by the city surveyor. If a land 
owner desires to have his lands surveyed and a public record 
made of it, he must notify all land owners that will be effected 
by the survey. The County Surveyor then proceeds to make 
the survey by running the lines dividing these persons' lands 
from other lands and putting down a stone at the corner with 
letters and figures cut upon it. These letters and figures 
usually designate what corner the stone marks. The surveyor 
makes a record of the survey in books kept in his office for 
that purpose. Those whose lands are surveyed must pay 
him his fees or charges. He can appoint a deputy. He has a 
seal. When making a survey he may require all assisting him 
to take an oath to faithfully and honestly perform their work. 



COUNTIES. 105 

13. Salaries of County Officers. 

The County Auditor, Clerk, Treasurer, Recorder and 
Sheriff are paid salaries that vary in amount in each county. 
They are required to charge persons certain amounts called 
' ' fees, ' ' for services rendered them in the transaction of offi- 
cial business ; and these fees they must pay to the County 
Treasurer. Every three months one-fourth of their annual 
salaries are allowed them and paid out of the fees each has 
collected ; but if it so happens that during these three months 
the officer has not collected enough fees to pay his quarterly 
salary then he receives no more salary for that quarter than 
the amount he has collected. Previous to 1891 these officers 
received all the fees they collected, but no salaries. This 
was a great inducement to dishonest officials to over-charge 
or charge illegal fees, in order to increase their compensation 
as much as possible. This conduct became so scandalous, or 
bad, that the Legislature determined to put these five officers 
on salaries, and take away from them the incentive to charge 
illegal fees or make over-charges. All other county officers, 
however, receive no salaries, and are still paid by fees. 

U. Fees. 

Fees are charges by an officer for something that he has 
done, to be paid by the person for whom the service is per- 
formed. The amount of these fees is fixed by the law, spe- 
cially stating how much may be charged in each particular 
instance. No fee can be charged unless the law permits it, 
and usually there is a schedule of fees for each officer. 

15. Deputies. 

All the county officers, and in fact most all the State 
officers (except the Governor), may appoint assistants, called 



106 THE GOVERNMENT OF INDIANA. 

11 deputies." These deputies have all the powers of their 
chiefs or principals, and may perform all acts their chiefs 
may perform. The amount of their compensation is gen- 
erally fixed by contracts with the principals, except in the case 
of deputies of State officers, where the amount is fixed by law. 

16. Notary Public. 

The office of Notary Public is an ancient one. In former 
times it was an office of much greater dignity than at the 
present time. It is an office to be found in many countries, 
being in France quite an honorable one. In this State it is 
one of the few offices that a woman may hold. It is not a 
county office, although it is often so regarded hj many. Any 
one desiring to become a Notary Public must procure from 
the Circuit Judge of the county a certificate that he is a per- 
son of moral character and qualified to act as a Notary Public. 
This certificate he sends, with a dollar, to the Secretary of 
State, who sends him a commission signed by the Governor. 
He must then procure a seal that will make an impression in 
paper, and give an official bond. He can perform official 
acts at any place within the State. He is paid by fees. His 
chief powers are to administer oaths and take acknowledg- 
ments of the execution of deeds and mortgages. An ac- 
knowledgment of the execution of a deed is when the person 
who signs it goes before the Notary Public and says or ac- 
knowledges that he has signed it ; and then the Notary Pub- 
lic attaches a written certificate to it, certifying what has been 
done, which certificate he dates and signs, and then attaches 
his seal to his signature. 

17. Number of Offices One Person May Hold. 

No person, at one time, can hold more than one office 



COUNTIES. 107 

in which he is paid a salary or fees for his services. An 
office where a salary or fees are paid, is called a "lucrative 
office. " If a person holding one lucrative office accepts an- 
other lucrative office, he vacates or thereby abandons the first 
office, even though he does not intend to do so. This is to 
prevent one man holding several offices, so that he will not 
attend to the business of all of them well. Formerly that 
was frequently done. But a person may hold a lucrative 
office and at the same time be an officer in the militia, if he 
receives no salary as such military officer. Nor can any per- 
son hold a lucrative office under the United States and an- 
other under this State at the same time, unless the former be 
the office of postmaster, where his compensation does not ex- 
ceed ninety dollars a year. So, any officer may be at the 
same time city councilman; for he receives no compensation 
as councilman, unless the city sees fit to pay him, and, for 
that reason, it cannot be said there is any salary or fees 
attached by law to the office. 

18. Disqualification for Office. 

An insane person cannot hold an office. Nor can a per- 
son under twenty-one years of age. A person under twenty- 
one years of age is in law called a ' : minor ' ' or an 1 ' infant, ' ' 
although he may have reached the apparent age of a man. Nor 
can a person hold an office during the term for which he may 
have been elected, who shall have given or offered to give a 
bribe, threat or reward to secure his election. This includes, 
of course, buying votes at his election. Nor can a person hold 
an office who has given or accepted a challenge to fight a duel, 
or who has knowingly carried to another person such a chal- 
lenge, or who has agreed to go out of the State to fight a duel. 
If any person has been the collector or holder of public 



108 THE GOVERNMENT OF INDIANA. 

monies and has not accounted for and paid them over, accord- 
ing to law, he cannot accept another office of profit or trust, 
even though the term of the first office be expired, until he 
has accounted for and paid over all such monies for which 
he has not accounted. Nor can any one hold an office for a 
county unless he lives in it, and if after his election he moves 
out of the county, he vacates or abandons the office. So a 
township officer must live in his township, and a town or city 
officer in his own town or city. So if a State officer moves 
out of the State he abandons his office. 

19. What Offices a Woman May Hold. 

There are not many offices which a woman, married or 
single, may hold. She may hold any office, however, not 
requiring an election to fill it, when the Governor or General 
Assembly fills it by appointment. This includes the office of 
Notary Public, which many women hold ; for there is no 
election ever held to fill it. The office of State Librarian has 
been held by women, but a woman can no longer hold that 
office. So, women can, and sometimes do, hold school 
offices, although this does not permit them to become town- 
ship trustees. A woman, however, not twenty-one years old 
cannot hold any office. 



CHAPTER XIX. 

THE TOWNSHIP. 

1. County Divided into Townships. 

Each county in the State is divided into townships ; and 
each township has a trustee called the ' c Township Trustee. ' ' 
The object in dividing up a county into these districts is, 
that the local affairs of the people may be better controlled 
and managed. But there are several kinds of townships, and 
these must be carefully distinguished. When the United 
States government purchased the lands in the Northwest 
Territory from the Indians, and before it sold any of them, 
it surveyed them into blocks or squares, each square being 'six 
miles long and the same in width. A law enacted by Con- 
gress provided for this survey and these squares are known as 
"Congressional Townships." The United States again di- 
vided this township into thirty-six small squares, each a mile 
long and a mile wide ; this small square is called a "section." 
This was for the purpose of easily describing the land it sold. 
But when a county was formed under our State laws, it was 
provided that the Board of County Commissioners must divide 
the county up into divisions for local affairs, and that these 
divisions should also be called "Townships." Frequently 
these townships have the same boundaries as the Congres- 
sional Townships ; but often a Congressional Township lies 
in two or even three counties, and then the -township formed 
by the Board of County Commissioners cannot have the same 
boundaries ; for the Board has no power to form a township 
in another county, nor take any part of it for a township. 



110 THE GOVERNMENT OF INDIANA. 

In surveying these Congressional Townships, no attention 
was paid to rivers ; and if the other townships were always 
the same in territorial limits as they, it would be difficult for 
the inhabitants of the township to attend to its public busi- 
ness. Thus, from a necessity on the one hand, and a matter 
of convenience on the other, it was found better not always to 
follow the limits of a Congressional Township when forming 
a township for local affairs ; so that a township formed by the 
Board of County Commissioners may have parts of several 
Congressional Townships within its limits, or even only a 
part of such a township. Every township thus formed by 
the Board of County Commissioners is also a township for 
school purposes, called a " School Township," while the 
former is sometimes called a ' ' Civil Township.' ' The bound- 
aries of the school township and the civil township are 
always the same, and if the boundaries of the latter be 
changed, the former's boundaries follow them. They have 
the same trustee. The school township owns all the school- 
houses and provides for all the township schools. The Board 
of County Commissioners can change the boundaries of a 
township whenever it sees fit ; but this is seldom done ; and 
never unless there is some good reason for it. The Board 
keeps a description of the boundaries of each township of the 
county, entered at length in its official record. The Board 
also names the township. There are 1,016 townships in the 
State. Union township in Montgomery county is the largest 
one in area; and Center township in Marion county, has the 
most inhabitants. 

2. The Township Trustee — Duties. 

Formerly each township had three trustees, but for forty 
years they have had only one. He is elected every four years, 



THE TOWNSHIP. Ill 

and cannot be re-elected until four years have elapsed. If a 
township trustee die, resign or be removed from his office, 
the Board of County Commissioners or County Auditor ap- 
points a person to serve as trustee until the next general elec- 
tion. The trustee must give a bond in a sum double the 
amount of public money that may come into his hands at 
any time during his term of office. He must keep a true 
record of his official proceedings in a book provided for that 
purpose. He receives all the monies belonging to his town- 
ship, and must pay them out according to law. He appoints 
all the road supervisors of the township. He has the care 
and management of all property belonging to the township. 
He is overseei of the poor of the township, and inspector of 
elections. With the consent of the Board of County Com- 
missioners at its session in June of each year, he levies a tax 
on the pnyperty of his township, for road, township and other 
lawful jDurposes. He also levies a tax for school purposes. 
He must keep an account of all monies he receives and pays 
out, and in March of each year make a full settlement with 
the County Commissioners. Any inhabitant of the towmship 
has the right to examine his books. He receives two dollars 
a day while employed in township business, excejDt where 
there are more than twenty-five thousand inhabitants in the 
township, when he receives a salary of not less than one 
thousand dollars. 



CHAPTER XX. 

TOWNS. 

1. Incorporation. 

When people live close together they are apt to need 
many regulations for their government that they would not 
need if they lived far apart. So the Legislature has provided 
many laws for such communities. They are not, however, 
controlled by such laws until they are "incorporated." 
Whenever the people of a district think they would like to 
become a town under the law — or become incorporated — they 
make a survey of the district they desire to be within the 
proposed town and take a census of its inhabitants. They 
then apply to the Board of County Commissioners to order 
an election to determine whether the district shall be incor- 
porated. The Board orders an election on a certain day, and 
those who favor the incorporation vote "yes," and those who 
do not, vote "no." If a majority are in favor of it the 
Board of Commissioners makes an order at its next session 
declaring that the district is a town, and this is what is meant 
by the word "incorporation " of a town. A town thus incor- 
porated can sue or be sued, just like a person, and it is called 
a ' ' municipal corporation. ' ' This is the name also applied to 
a city. If one-third of the legal voters ask it the Board of 
Town Trustees may order an election to determine whether 
the town will dissolve its incorporation; and if a majority so 
decide, the town becomes a part of the township from which 
it was taken. 



TOWNS. 113 

2. Officers. 

Every town has certain trustees called a "Board of Town 
Trustees, ' ' one-half of whom are elected every year. The 
town is divided up into districts, each town having not less 
than three nor more than seven ; and a trustee is elected from 
each district. He serves two years ; but the terms of all the 
trustees do not begin each year, so that a part of the Board 
will be composed of new trustees, and a part of some of the 
old ones. The trustees elect one of their number president of 
the Board. Each town has a clerk, elected by the people ; 
a treasurer, who collects its monies and receives taxes, and a 
marshal, who is its policeman and preserves peace and order. 
Each of these officers is elected for two years. The town 
election is held on the first Monday of May of each year. 

3. Powers of Trustees. 

The Board of Town Trustees have general supervision 
over all the officers of the town. It occupies the same posi- 
tion toward a town as the Common Council of a city does 
toward it. It can adopt rules and regulations for the govern- 
ment of the people of the town. These are called "Ordi- 
nances." They are the laws of the town, just as the statutes 
adopted by the State Legislature are laws of the State. These 
ordinances are subject to the laws of the State, and if there 
is any difference or conflict between them the ordinances must 
give way to the State laws. The Board has control of the 
streets and sidewalks and may order them improved or paved 
at the expense of the property owners whose property adjoins 
or abuts upon the street improved. It may provide lights for 
the streets. It may purchase, lay out and regulate cemeteries 
for the town. It may prohibit the encumbrance of the side- 
walks, or riding or driving on them. It may open and lay 



114 THE GOVERNMENT OF INDIANA. 

out streets in the town. It may establish markets and build 
market-houses, or wharves for steamboats where needed. It 
may prevent animals from running at large within the town. 
It may levy taxes. It may prevent immoderate riding or 
driving in the streets. These are only a few of the many 
things a Board of Town Trustees may do. 

4-. Clerk's Duties. 

The town clerk keeps the books of the town, and makes 
a record of all the acts of the Board of Town Trustees. He 
makes out the town's tax duplicate. He also has charge of 
the seal of the town ; and attaches it to official papers. He 
issues all orders given for the payment of money on the 
town's treasurer. He receives such pay as the town trustees 
allow him. 

5. Treasurer's Duties. 

The treasurer does not collect the taxes, but they are 
collected by the town marshal and paid over to him. Some- 
times the town trustees order the tax duplicate to be deliv- 
ered to the county treasurer, who then collects the taxes. 
The town treasurer can pay out no money unless the clerk 
issues an order or warrant directing him to pay it. He, like 
the clerk, receives such pay as the town trustees allow him. 

6. Marshal's Duties. 

Besides collecting the taxes, the town marshal preserves 
order and peace within the town. To assist him, deputy mar- 
shals or assistants may be appointed by the town trustees. If 
he sees any one violate the criminal laws of the State or the 
ordinances of the town, he may arrest him, and take him be- 
fore some Justice of the Peace for trial. He may also arrest 



TOWNS. 115 

any one whom he has good reason to suspect having com- 
mitted a serious crime, such as stealing property or breaking 
into a house to steal. In this respect his powers are very 
great, in order that he may keep and preserve the peace of 
his town. 



CHAPTER XXI. 

CITIES. 

1. Incorporation — Officers. 

Whenever an incorporated town has two thousand in- 
habitants, the voters of the town may decide to change it to 
a city, at an election held for that^purpose. The officers of a 
city elected by the voters, are a Mayor, a Clerk, a Treasurer, 
and Common Councilmen. These are elected every four 
years,, on the first Tuesday of May. Besides these the Com- 
mon Council may order that a City Judge be elected ; but it 
is not in all cities that this is done. The Common Council 
appoints a Civil Engineer, a Street Commissioner, a Chief of 
the Fire Department, a Health Officer and a City Attorney, 
who hold their offices four years. - Formerly all city officers 
held their offices only two years. The terms of these several 
officers begin on the first Monday of September of the year in 
which they are elected. In cities of less than ten thousand 
inhabitants a marshal may be elected at the city election, 
who serves or holds his office four years. 

2. The Common Council. 

Every city is divided into districts called l ' wards. ' ' The 
number of these vary with the size of the city, and they may 
be changed as the Common Council sees fit. From each ward 
is elected a councilman every two years, who holds his office 
four years. This councilman is elected by the voters of the 
ward. Every city, therefore, has twice as many councilmen 
as it has wards. If one die or resign, a special election is 



CITIES. 117 

held to elect a new councilman to serve out his term of office. 
These councilmen compose or constitute the "Common 
Council," frequently called the "City Council," or the 
"Council." This Common Council is the city's Legislature. 
It meets at regular dates, usually every two weeks, as it sees 
fit to determine. The Mayor presides over these meetings. 
It may pass or enact "ordinances," which are the city's 
laws, like the ordinances of a town. For a violation of many 
of these ordinances a man may be punished, just as he is for 
a violation of a State law. The powers of the Common 
Council are very great and extend to many things. It may 
pass ordinances on many subjects. In some cities these ordi- 
nances are printed in book form, and often make books of 
several hundred pages. Its powers far exceed the powers of a 
Board of Town Trustees. It may make regulations concerning 
the health of the city; and about the streets and sidewalks. 
It may investigate the several officers of the city, and inquire 
into their conduct. It may require persons engaged in cer- 
tain work to pay a license ; such as, pecllers. It may pre- 
serve the peace and good order of the town; and regulate the 
use of hacks, coaches, drags and other vehicles, including 
bicycles. It may require saloons or dram shops to pay a 
license, not exceeding, however, two hundred and fifty dol- 
lars a year. It may regulate theatrical and other public 
shows; and prevent immoderate riding or driving in the 
streets. It may prohibit begging and punish beggars. It 
may regulate the ringing of bells or crying of goods. It may 
prevent animals running at large in the streets, and provide 
a "pound" for them when taken up in the city. It may 
build gas or electric lighting works, and cause the streets to 
be lighted. It may build water-works, to get fresh water. 
It may dig sewers, to drain the town ; and cause the streets 



118 THE GOVERNMENT OF INDIANA. 

and alleys to be graded and paved. It also determines the 
amount of tax levy each year. But the Common Council 
can do no act unless a statute has authorized or empowered 
it to do it. 

3. The Mayor. 

The Mayor is the chief officer of the city, and might be 
called its "governor." He presides over the sessions of the 
Common Council. He also holds a court every morning, ex- 
cept Sunday, if there is any business for him to do. He has all 
the powers of a Justice of the Peace in addition to his powers 
as Mayor. If a man has violated an ordinance of the city, 
he may try him and punish him by ordering him to pay a 
certain sum of money to the city, called a "fine," or send 
him to the jail for a certain number of days. He signs all 
ordinances and resolutions of the Common Council, and all 
contracts with the city. If the city borrows money, he signs 
the bonds it gives for the money; and if it sells any real es- 
tate, he signs the deed for it. He has charge of the city's 
seal, like the Governor has of the State's. 

U. The City Clerk. 

The City Clerk is a very useful officer of the city. He 
is : ts book-keeper. He must attend each meeting of the Com- 
mon Council, and keep a record of the proceedings in books 
provided for that purpose. He must also keep a record of 
all monies for which he has given orders or warrants on 
the City Treasurer. He issues all licenses ; and makes out 
the city tax duplicates. In order to make out these tax du- 
plicates he goes to the County Auditor's office and gets the 
assessments for taxes of all property within the city. This 
saves the city from the labor of making an assessment or ap- 



CITIES. 119 

praisement of property for taxes. He makes a settlement 
with the City Treasurer and reports the result to the Com- 
mon Council. 

5. City Treasurer — Taxes. 

The City Treasurer performs duties similar to those of 
the County Treasurer, by collecting taxes and paying orders 
or warrants of the city. The taxes must be all paid by the 
third Monday of April of each year, unless the Common 
Council provides that one-half be paid by that date and the 
other half by the first Monday of November. The city taxes 
are a lien on the property assessed, just like township, county 
and State taxes are. 

6. Police. 

It is necessary that every city have policemen to protect 
the lives and property of the inhabitants. They are more 
necessary than in the country. In every city having a popu- 
lation of ten thousand and less than thirty-five thousand in- 
habitants, the Governor of the State appoints three persons, 
not more than two of whom can belong to the same political 
party, who are called a ' ' Board of Metropolitan Police Com- 
missioners. ' ' This Board appoints a Superintendent of Police, 
Captains, Sergeants and Detectives. It also appoints police- 
men or "patrolmen." It has a clerk who keeps a record of 
its proceedings. The Common Council must provide a "po- 
lice station ' ' in all cities having this ' ' Metropolitan Board, ' ' 
as it is called. Wherever this Board exists there is no city 
marshal, but in all towns of less than ten thousand inhabit- 
ants a city marshal is elected every four years. In cities 
having a city marshal the Common Council elect a superin- 
tendent of police and employ patrolmen. The chief duty of 



120 THE GOVERNMENT OF INDIANA. 

the police is to arrest persons violating the criminal laws of 
the State, and the ' ' penal ' ' or criminal ordinances of the city. 
If arrested at night, the person arrested is kept in jail or let 
out on bond or bail until the next morning when he is brought 
before the Mayor and tried ; if arrested in the daytime he 
may be tried at once. 

7. Opening and Improvement of Streets — Sewers. 

The Common Council may lay out and open a street just 
the same as the Board of County Commissioners lay out a 
highway in the county. It has control over all the alleys, 
sidewalks and streets in the city, to the exclusion of all State, 
county and township officers. It has power to improve an 
alley or a sidewalk or the roadway of a street, and to compel 
the persons whose lands or lots adjoin the improvement to 
pay for it. When it desires to make an improvement, it 
passes a resolution to that effect, specifying the kind of im- 
provements to be made, and then advertises for bids. The 
contract is let to the man who bids the lowest. After he has 
made the improvement and the City Civil Engineer has ap- 
proved it, the Council accepts it and orders all the property 
abutting upon or adjoining the improvement to be assessed 
for the cost according to the length of the number of feet each 
tract or lot fronts on the improvement. The cost of this im- 
provement is a lien on the land assessed. Any one whose 
land is assessed may, within two weeks after the amount of 
the assessment is approved by the Common Council, enter 
into an agreement with the city to pay this assessment in ten 
annual parts or installments. If he does this, then every 
year he pays off one of these installments, with interest not 
only on it but also on the other installments not paid. If 
he does not enter into this contract he must pay off the whole 



" "- CITIES. 121 

amount at once ; and he may be compelled to do this by a 
sale of his tract of land or lot that is assessed for the im- 
provement. In order to pay the man who has done the 
work, usually called ' ' contractor, ' ' the city may sell bonds, 
called ' ' Improvement Bonds, ' ' to raise money for that pur- 
pose and pledge these assessments for their payment. One- 
tenth of these bonds fall due every year for ten years, and 
they draw six per cent, interest. Sewers for draining the city 
are constructed and paid for in the same way. 

8. City Attorney. 

The City Attorney is paid a salary, fixed by the Common 
Council. It is his duty to advise the city officers and the 
Common Council concerning their duties. He must defend 
the city in the courts when it is sued, and must also bring all 
suits in favor of the city when it is necessary. 

9. City Civil Engineer. 

The City Civil Engineer is a very important officer of a 
city. He is its surveyor. He has the right to make all offi- 
cial surveys made within the city. He surveys the streets, 
and establishes their grades. When called upon he surveys 
the lines of lots and tracts of land within the city. When a 
street is to be improved he supervises the work, prepares the 
plans for it, and estimates and apportions its cost. He keeps 
records of all his proceedings in his office. 

10. Fire Department. 

Where houses stand close together, there is great danger 
of fires ; and it has always been found necessary to provide 
means of putting them out. Men often band themselves to- 
gether in a company for that purpose and purchase fire- 



122 THE GOVERNMENT OF INDIANA. 

engines, fire-hose, and fire-buckets. These are called ' ' Vol- 
untary Fire Companies ; ' ' and their members serve without 
pay. But the city has the right to buy fire-engines and other 
fire-apparatus; and employ men to operate them. It may 
build houses in which to keep the fire-equipment, and in 
which the firemen can sleep, and the horses be stabled. For 
this purpose it, of course, can levy a tax. The Common 
Council may adopt ordinances or rules for the regulation of 
the firemen and the preservation of fire-equipment, 

1 1 . Water- Works — Ligh ts. 

It is the duty of a city to provide its inhabitants with 
pure and wholesome water; and also for the purpose of ex- 
tinguishing fires. For this purpose it may give a company 
the privilege of laying water-pipes in the streets, and regulate 
the supplying of water to the inhabitants of the city. Or it 
may build its own water-works system, as many cities do; 
and for this purpose may issue bonds or borrow money. It 
may go beyond the city limits and take without the owner's 
consent, first paying him for it, springs and other sources to 
obtain pure water. It may employ men to manage the 
works after they are built; and charge persons supplied with 
water such rates as it sees fit. It is also the duty of a city to 
provide lights for its streets; and for this purpose it may em- 
ploy a company to do it, or it may erect its own gas or elec- 
tric lighting works. 

12. Fort Wayne— Evansville — Indianapolis. 

These three cities are not governed by the same general 
laws by which other cities of the State are governed. The city 
of Fort Wayne is governed by one law; the city of Evansville 
by another, and the city of Indianapolis by a third. These 



CITIES, 123 

laws are sometimes called the "Charters" of these cities. 
They each have a mayor, a clerk, a city attorney, a civil en- 
gineer, and a common council. They have a Department of 
Finance, whose officers look after the monied interests of the 
city; the chief officer of this department is the City Comp- 
troller. They have a Department of Law, consisting chiefly 
of the City Attorney. They have a Department of Public 
Works; this consists of a board of three members, often 
called the "Board of Public Works/' who look after the con- 
struction and repair of streets, alleys, sidewalks, sewers, and 
the construction of city buildings. They have a Department 
of Public Safety, which consists of a board of three members 
who superintend the police force of the city. They have a 
Department of Assessment and Collection, which assesses 
property for the cost of constructing sewers and improving 
streets, and the like. And lastly they have a Department of 
Public Health and Charities, which looks after the public 
health of the city. In addition to these the city of Evans- 
ville has a Department of Waterworks. The cities of Evans- 
ville and Indianapolis have each a police court and a police 
judge, in which are tried persons arrested by the police. This 
court is in session every day except Sundays. The city of 
Evans ville has a treasurer who collects its taxes; but the 
other two cities have none, the county treasurer performing 
that work. 



CHAPTER XXII. 

PRISONS. 

1. County Jails. 

Every county must have a jail in which persons charged 
with having committed crime may be confined until they are 
tried. If, however, a person has been arrested for commit- 
ting a crime, he may give a bond with security, usually called 
"bail," for his appearance at the trial; but if he does not do 
this he will be confined in the county jail until the day of his 
trial. This often results in an injustice, for when tried he 
may be acquitted by the court and discharged. So, if a per- 
son be convicted of a small offense, or an offense where his 
punishment is light, he is usually confined in the county 
jail. Sometimes the amount of his punishment is only a 
fine, which is nothing more than an order of the court that 
he pay the State of Indiana a specified sum of money ; this 
amount in some instances is only one cent, and in others 
many dollars. If the person thus fined or ordered to pay the 
money does not pay it, he is confined in the county jail one 
day for each dollar of the fine and the costs of the trial. In 
early days a jail was often called a "gaol," being an old 
English word for it; and a few lawyers still use that word. 
The jail is built by the county and kept by the county sheriff, 
either personally or by his assistant, called his bailiff or jailor. 
In early days in this State the jail was usually built of heavy 
logs, but in modern times it is built of brick, stone and iron. 
It is a crime for any one to assist a person confined in a jail 
to escape unlawfully ; and so it is a crime in the person con- 



PRISONS. 125 

fined to thus escape. In a few counties there are workhouses 
where prisoners are put at work. If the jail should burn 
down or become insecure, the judge of the court may direct 
that the prisoners be taken to the jail of another county. 

2. City and Town Jails. 

Nearly all cities have their own jails; and so have a few 
towns. A town jail is sometimes called a " calaboose ; " and 
a city jail usually the "city prison." When a city or town 
does not have a prison for itself, it then uses the county jail. 
This is very inconvenient, especially when the jail is in an- 
other city or town. 

3. The Indiana State Prison. 

The Indiana State Prison is usually called the l i peniten- 
tiary. " It is situated at Michigan City, and is governed by 
three persons called the ■ ' Board of Control, ' ' appointed by 
the Governor for three years. The Board elect a Warden, 
who is the general superintendent of the prison, having 
charge of all the officers and guards. He has a deputy or as- 
sistant. The prison employs many subordinates, keepers 
and guards ; and also a person called a ' ' Moral Instructor, ' ' 
who is usually a minister of the gospel. Strict rules are 
adopted for the control of the prisoners. In daytime they 
are allowed greater freedom than at night, when they are 
confined in cells closed with heavy iron grated doors. If a 
prisoner becomes insane, he is sent to one of the four hospitals 
for the insane for treatment; and when cured is returned to 
the penitentiary. While, however, he is in the hospital his 
time is going on the same as if he were in the prison. A 
person confined in the penitentiary is called a "convict.'' 
No one except males are confined in this prison. Any per- 



126 THE GOVERNMENT OF INDIANA. 

son over thirty years of age who is convicted of an offense 
called a ' ' felony, ' ' which is an offense for which the punish- 
ment is at least confinement in one of the State prisons — or 
any person over sixteen years of age who has been convicted 
of treason, or murder where the punishment is confinement 
in prison for life, is sent to the Indiana State Prison. These 
are the only persons now sent there by the courts; although 
previous to 1897 many others were sent to it. 

If.. Indiana Reformatory. 

What was once called the ' ' Prison South, ' ' located at 
Jeffersonville, is now called the ' ' Indiana Reformatory. ' ' It 
is also controlled by the same kind of officers as the Indiana 
State Prison at Michigan City. They both are supported by 
the State. All male persons convicted of having committed 
a crime called a felony, or where the punishment is confine- 
ment in a State prison, except treason and murder, are sent 
to this Indiana Reformatory, if they are over sixteen and not 
over thirty years of age. They are not sent either to this or 
to the prison at Michigan City for any definite time; but their 
sentence is that they be confined for an indefinite number of 
years, frequently from two to twenty-one years, varying with 
the different kinds of crimes. They cannot be kept any longer 
than the longest period of time specified; but they may be, 
and often are, released after being in prison a much shorter 
period of time. Prisoners whose conduct is bad may be sent 
from this prison to the Indiana Prison at Michigan City; and 
prisoners in the latter prison, whose conduct merits it, may 
be sent to the Indiana Reformatory. The object of the law 
is to keep the young and better class of persons at the Re- 
formatory; and to separate them from the worst class, kept at 
Michigan City. 



PRISONS. 127 

5. Reform School for Girls and Woman's Prison. 

This institution is located at Indianapolis. Previous to 
1869, all girls and women convicted of a serious crime, such 
as a felony, were sent either to the penitentiary at Michigan 
City or at Jeffersonville. It is controlled by a board of three fe- 
male managers ; and nearly all the officers are women. When 
a woman is convicted of having committed a crime so serious 
that if she were a man she would be sent to the prison at 
Michigan City or Reformatory at Jeffersonville, she is sent to 
this institution. Girls under the age of fifteen years may be 
sent to this institution by the judge of the court, at the re- 
quest of their parents or guardians, or even upon the com- 
plaint of any other person, and upon proof that they are vi- 
cious or cannot be controlled. When so sent to the Reforma- 
tory, girls may be kept until eighteen years of age, and then 
they must be discharged. They may be, however, and usually 
are, discharged before they arrive at that age if they behave 
well. 

6. Indiana Reform School for Boys. 

The Indiana Reform School for Boys is situated at Plain- 
field, fifteen miles southwest of Indianapolis, on a large farm. 
It consists of a number of buildings. It is under the man- 
agement of three commissioners appointed by the Governor. 
It has a number of officers. Any boy over eight and under 
sixteen years of age, charged with having committed a crime, 
and convicted, is sent to this reformatory, where he remains 
until twenty-one years of age, unless sooner discharged by 
the board of commissioners. Vicious boys between the years 
seven and eighteen may also be sent to the reformatory by the 
judge of the court when complaint of their conduct is made 
to him. The boys at this reformatory are required to attend 



v 



128 THE GOVERNMENT OF INDIANA. 

school in a building provided for that purpose; and to perform 
much physical labor. They work on the farm, keep the 
grounds in excellent order, build fences and walls, do all the 
washing or laundry work for the institution, and sweep and 
keep clean all the buildings. They are also required every 
Sunday to attend church, usually called "Chapel." They 
are generally taught some trade. 

7. Board of Commissioners of Paroled Prisoners. 

The warden of each State prison, its Board of Directors, 
chaplain and physician, constitute this Board for their prison. 
A record of the conduct of all the persons under their charge 
is kept in the prison. If this Board comes to the conclusion 
that the conduct of a prisoner justifies his release after he has 
been in prison for the shortest period he could have been sent 
to it, it may release him ; but if his conduct has not been 
good, it may keep him for the longest period of time he could 
have been sent to the prison for the commission of that offense. 
Thus there is held out to every person an incentive to reform 
and conduct himself properly. And this idea has its founda- 
tion in that clause of the constitution to which allusion was 
made in the chapter on the Bill of Rights, that our criminal 
laws c l shall be founded upon the principles of reformation 
and not of vindictive justice. " If this Board believes, from 
the conduct of a prisoner, that he will live and remain at lib- 
erty outside the prison without violating the law, it may 
release him upon his "parole," and he can then go at large 
on this parole or permit, upon such terms and conditions as 
the Board see fit to impose. If he violates the terms of his 
parole, or does not conduct himself properly, he may be 
arrested and returned to the prison from which he was released, 
by the agent of the prison or by any member of the Board, 



PRISONS. 129 

or by any sheriff or constable of the State when ordered so 
to do by the Board, or by an officer or agent of the prison. 
Instead of releasing the prisoner on parole, the Board may 
wholly discharge him if its members think best, after he has 
remained in prison or on parole for the shortest period for 
which he could have been sentenced. Every prisoner when 
discharged is given a cheap suit of clothes, ten dollars and a 
railroad ticket to his old home, or to any other place not 
farther away. He is taken to the depot, put aboard the 
train and then and there released. County jails do not have 
Boards for paroling prisoners. 



CHAPTER XXIII. 

THE POOR. 

1. Support. 

Every county must support its own poor or indigent 
people. Every township trustee is also the "Overseer of the 
Poor" of his township, and must attend to their wants. For 
this purpose he is supplied with money by the County Com- 
missioners. If there be a county asylum he must take the 
poor of his township that cannot support themselves to this 
asylum. This asylum is under the control of a Superintend- 
ent, and the poor are there fed, clothed and housed at the ex- 
pense of the county. The township trustee must keep a rec- 
ord of all those he aids, together with the amounts he gives 
them and for what purpose. If he finds poor of another 
county in his township he may send or take them to such 
county, and for this purpose may furnish them railroad tick- 
ets with which to travel. Paupers are buried at the expense 
of the county. The township trustee must levy a tax to re- 
imburse the county for the money it has advanced to support 
the poor of his township. 

2. Poor Children. 

Poor children of sound mind, between the ages of one 
and sixteen years, are put in suitable places not connected 
with the county asylum, and under the control of a woman 
called a "Matron." If the children be too many for her to 
control, additional matrons may be appointed by the Board 
of County Commissioners. The Matron must send the chil- 



THE POOR. 131 

dren of suitable age to the public schools, and keep a record 
of all children under her charge, and of all her expenditures 
of money. 

3. Orphan's Home. 

Instead of building an Orphan Asylum, the county may 
place the poor children in any Orphan's Home of the county, 
that will receive them, even though such home be under the 
control of private persons. In such a case, the county may 
pay the managers of the Home for taking care of them. It 
is the duty of the Home to support and educate the children 
thus placed in their charge. The county may even contribute 
to the cost of the construction of such a Home built by a pri- 
vate association, in which it will have a part of the ownership. 

4.. Board of Children's Guardians. 

In every county having a population of fifty thousand 
persons or over, the Circuit Court appoints six persons who 
are called the ' ' Board of Childrens' Guardians ' ' of the county 
where appointed. This Board has great powers. It has the 
care and supervision of all neglected and dependent children 
of the county under fifteen years of age, and may take con- 
trol of them. So it may take control of any child neglected 
or cruelly treated by its parents, or found begging on the 
streets, or whose parents are drunken and vicious and are 
unfit to have charge of them. They may, with the consent 
of such court, place these children in the Reformatory for 
boys, or for women and girls, or in an orphan asylum. All 
this is to secure the welfare of the child. 

5. State Agent. 

The Board of State Charities can appoint a person its 



132 THE GOVERNMENT OF INDIANA. 

■ ' State Agent, ' ' whose duty it is to inspect asylums for chil- 
dren, and seek out proper permanent homes for those placed 
in such asylums. He must visit and see that children thus 
placed out in homes are properly treated ; and if he thinks 
they are not receiving proper care and treatment he may re- 
move and return them to the asylum from which they were 
taken. 



CHAPTER XXIV. 

ROADS AND HIGHWAYS. 

1. Locating Within the County. 

A country without public roads or highways would be a 
very undesirable place in which to live ; in all countries that are 
civilized, they are recognized as absolute necessities. In this 
country they are called ' ' Public Highways, ' ' but in England 
the "King or Queen's Highways." The Board of County 
Commissioners have the power to determine where a high- 
way shall be located, except in a city or town. The highways 
of a city or town are its streets and sidewalks, and over these 
the county officers have no control. If the people of a par- 
ticular part of a county desire a highway laid out where none 
is situated, twelve landowners of that neighborhood must 
sign a petition asking the Board of County Commissioners to 
locate it, describing the route where they desire it to be. 
Notice of this application must be given in a newspaper, or 
by posting up notices. The Board then appoints three per- 
sons to examine, locate or ' l view ' ' the route of the proposed 
road. These persons are called ' ' Viewers. ' ' They examine the 
route, and at the next session of the Board report to it, particu- 
larly describing the route of the proposed road, and any change 
they have made in it as described in the petition. If the 
viewers report in favor of the highway the Board orders it 
opened, when no objection is made by some person through 
or along whose land it runs. This objection is called a "Re- 
monstrance." The landowner may object because the road 
will not be of any benefit to the public, or because he has not 



134 THE GOVERNMENT OF INDIANA. 

been allowed any damages for that part of his land taken. 
When he makes this objection, the Board appoints three other 
persons, called ' ' Reviewers, ' ' who go out and review the road 
to ascertain if the objections made are well founded. If they 
report against the person remonstrating, the township trustee 
is ordered by the County Board to open the highway. If they 
report that such objecting person ought to have damages, the 
road is not opened until these damages are paid, either by the 
county or by the persons who desire the road ; if they report 
that the road will not be of public use, the whole proceedings 
are dismissed at the cost of the persons who petitioned for 
the road. The road when laid out must be at least thirty feet 
wide. 

2. In More than One County. 

Sometimes it is desired to locate a road in two or more 
counties. "When this is done, at least twenty-four landown- 
ers (called "Freeholders," for a freeholder is a person who 
owns land) must petition the Board of County Commission- 
ers of their county for the location. This petition must de- 
scribe the beginning, course and termination of the highway 
proposed, and give the names of the owners of land through 
which it will run. When this is done the Auditor of the 
County notifies the Auditors of all the Counties in which the 
highway is to be located. Notice of these proceedings is then 
given in a newspaper for three weeks; and then the Board 
that was petitioned for the highway appoint a person as com- 
missioner to view the route of the proposed road; and each 
of the other Boards of County Commissioners of the other 
counties also each appoint one commissioner. These road 
commissioners meet, examine the route of the proposed road, 
and report to each Board of County Commissioners. In this 



ROADS AND HIGHWAYS. 135 

report must be a description of the proposed road, and a rec- 
ommendation either for or against it. If the report be against 
the road, the whole proceedings are dismissed; but if it be in 
favor of it, then all the Boards of County Commissioners must 
declare it established and enter a description of it on their 
records. If any person object or remonstrate against the pro- 
posed road, when the report in favor of it is filed with the 
County Commissioners; then three other persons are ap- 
pointed to review it. If these reviewers report against the 
highway, and a majority of the Boards of County Commis- 
sioners think it ought not to be located or established, the 
whole proceedings are dismissed; but if such a majority think 
it ought to be located or established it is so done. If a land 
owner has claimed damages, and the reviewers allow it, they 
must be paid before the road is opened through his land. 

S. On County or State Lines. 

Frequently it is found convenient to locate roads on 
county lines or occasionally on lines between this State and 
Ohio, Michigan or Illinois. In such an instance the Boards 
of County Commissioners of the two counties proceed the 
same as if the road ran in or through the two counties; and 
in an instance of a road on the State line, then the Board of 
County Commissioners act with the authorities in the adjoin- 
ing State, the same as if that State was only an adjoining 
county and the road to be located on the county line. 

If.. Early State Roads. 

Before the constitution of 1851 was adopted, it was the 
practice for the Legislature to adopt a law providing that a 
road should be laid out between certain places named in the 
law. Under this practice many roads in the State were estab- 



136 THE GOVERNMENT OF INDIANA. 

lished, especially in southern and central Indiana. The law 
usually named three persons who should locate the route of 
the new road, cause it to be surveyed, and make a report to 
the county Auditors of the counties in which it was located. 
These roads are now regarded as county roads, although fre- 
quently called " State Roads." 

5. Roads by Dedication or User. 

A landowner may give a road to the public across his 
land. This is called the i ' dedication' ' of a highway. This 
has been done frequently. After he has thus given the pub- 
lic a road, the landowner cannot take it back without the 
consent of the Board of County Commissioners, or rather un- 
til it is vacated by that Board. So it frequently happens that 
the public travel across a man's land until it becomes a pub- 
lic highway; and this is for the reason that as he does not ob- 
ject to this use of the way across his lands (as he may always 
do at first) he has consented that the public may have it for 
a public road. It is the same as if he had formally given it 
to the public. 

6. Vacating or Changing Roads. 

If it is desired to vacate or change a public road, the 
same proceedings are pursued as is necessary in order to es- 
tablish one. If a new road be located, and it is not opened 
and used within six years from the time it is located, it ceases 
to be a highway for any purpose. If, however, a part of it 
has been opened and used, such part remains a highway, al- 
though the remaining part does not. Whenever a road or 
highway is vacated and abandoned, the ground it covers goes 
back to the owner of the adjacent land; and if it runs along a 
line between the land of two owners, it goes back to each one, 



ROADS AND HIGHWAYS. 137 

usually one half to each; that, however, depending on where 
the original boundary line between the two tracts of land is 
situated. A landowner may ask to have a public road on his 
land changed, and if the Board of County Commissioners, 
after proper proceedings, consent, the change may be made. 
So a change may be made in a highway running along 
a stream of water whenever the road has become un- 
safe; so a newly constructed railroad may render a change 
necessary. 

7. Opening a New Highway. 

Whenever a road has been established and located by 
order of the Board of County Commissioners, it is the duty 
of the trustee of the township in which it is situated to open 
it; and for that purpose he may call upon the road supervis- 
ors of the township to require those persons in the township 
liable to be called upon to work on the public highways, to 
assist in the work of opening it. The road cannot be opened 
over a man's land until the damages allowed him have 
been paid, or paid to the County Treasurer for him. When 
opened it must be kept in repair the same as any other pub- 
lic highway. 

8. Working On or Repairing Highways. 

Every township is divided up into ' ' Road Districts ' ' for 
the purpose of keeping the roads of the township in repair. 
The number of these districts vary, as the township trustee 
thinks best. For each district the trustee appoints a ' ' Road 
Supervisor, ' ' who has charge of the roads in his district, and 
who must see that they are kept in repair. If this supervisor 
declines to accept the appointment, he is liable to be fined 
for his refusal. Every able-bodied person, except insane, 



138 THE GOVERNMENT OF INDIANA. 

idiotic, deaf and dumb, and blind persons, over the age of 
twenty-one and under fifty years, may be called upon each 
year to work on the public highways. The length of time he 
must work depends upon the direction of the road super- 
visor; it cannot be less than two nor more than four days, 
and each day he must work eight hours. A person required 
to work may send a substitute. Any person called upon to 
work who does not work faithfully but idles away his time, 
is liable to be fined. Instead of working, however, the per- 
son thus required to work may pay the road supervisor one 
dollar and twenty-five cents for each day so required to work, 
and thus escape the work. The supervisor may require any 
person having a team of horses, mules or oxen, and a plow, 
road-scraper or wagon to furnish them ; and if he drives them 
he will receive credit for three days work for each day they 
are used. This work is performed in April, May or June; 
but if a road should become so out of repair that it is danger- 
ous, the supervisor may require the work at any time. Per- 
sons who served in the Union Army and Navy during the 
War of the Kebellion and who were honorably discharged are 
not required to work on the public highways. Any person 
liable to work who is unable from bodily infirmities to work, 
and who is too poor to pay one dollar and twenty-five cents 
per day, will be excused by the township trustee on applica- 
tion to him. Persons within a city may be required to work 
on the streets or highways of the city, but this is seldom or 
never done; and persons within a town may also be required 
to work within the town, but not outside of it. If a person 
liable to work is duly notified to do so and does not, and also 
does not pay one dollar and twenty-five cents for each day, 
he may be sued by the township for the money he is liable 
to pay. 



ROADS AND HIGHWAYS. 139 

9. Road Tax. 

Every June, the township trustee, with the consent of 
the Board of County Commissioners, may levy a tax, called 
a ' ' Road Tax, ' ' for the repair of the highways of the town- 
ship during the next year. This tax cannot exceed thirty 
cents on each one hundred dollars' worth of property within 
the township. Any one liable to pay this tax may work it 
out at the rate of one dollar and twenty-five cents a day in 
the road district where the property taxed is situated, or where 
the person liable to pay it resides. If it is not so worked out 
by such person, then the township trustee may use it in that 
district for the repair of the roads. 

10. Turnpikes. 

With the permission of the Board of County Commis- 
sioners, a company of men may take possession of a public 
highway for the purpose of improving it. They must grade 
and gravel it so as to give it a hard and even surface; and 
when they have done this, they may put up toll gates and 
collect "toll" from all who travel with horses or animals on 
the road. These rates cannot exceed a certain amount for 
each mile traveled. They are called ' ' Toll Roads ' ' or 
" Turnpikes." After the company has taken possession of a 
highway, it may abandon it; and then the toll road becomes 
free; or they may abandon only a part of it, and that part 
will become free. So the county or a township wherein a 
turnpike is situated may decide by an election of its voters 
to buy a toll road or so much of it as lies within its bound- 
aries; and if it do, then the road purchased will become free 
to all travelers. 

11. Free Gravel Roads. 

Whenever the property owners along a highway desire 



140 THE GOVERNMENT OF INDIANA. 

to have it improved by grading and graveling it, they may 
petition the Board of County Commissioners to have it done. 
Notice is given of this petition in the newspapers, and then 
viewers are appointed to determine whether a public necessity 
requires the improvement to be made. If they so decide, and 
the Board then decides to make it, it lets out the contract for 
the improvement to the lowest bidder, and appoints three dis- 
interested landowners to assess each tract of land within two 
miles of the road to be improved its proportion of the cost. 
The County Commissioners may then issue bonds and sell 
them to raise money to pay the cost of this improvement. A 
part of these bonds must be paid, after two years, each year, 
but must all be paid by the end of eight years. The assess- 
ments on the lands to pay for the improvements are divided 
up into parts or instalments, payable so much every year that 
these bonds have to run ; and when one of these instalments 
is paid the money thus obtained is taken to pay off that part 
of the bonds falling due that year. All roads built in this 
way are free, and they are called ' ' Free Gravel Roads. ' ' They 
are under the control of the Board of Count}^ Commissioners, 
and are kept in repair by it. 

12. Bridges. 

All bridges are built and kept in repair by the county, even 
within a city or town if they cost over five hundred dollars. 
Small bridges, however, costing less than seventy-five dollars, 
are built and kept in repair by the township. Townships may, 
however, if they see fit, hold an election, to determine 
whether it will build a bridge that will cost more than five 
hundred dollars, and if the voters decide in favor of it, it 
may build it. Bridges over streams that form the boundary 
line between two counties, are built by such counties, each 



ROADS AND HIGHWAYS. 141 

county paying its part. A bridge is always a part of a street 
or public highway. 

IS. Obstructing a Highway. 

No one can obstruct a highway or any part of it per- 
manently. To do so is a criminal offense, and the person 
doing it is liable to be punished by a fine. Highways belong- 
to the public and are for its use and convenience, and no per- 
son has a right to make any use of it that prevents its free 
use to its full width. 



CHAPTER XXV. 

DRAINAGE. 

1. Construction of Ditches. 

Whenever it is necessary to keep and preserve the health 
of the public a wet and swampy district or region may be 
ordered drained or ditched by the Circuit Court or Board of 
County Commissioners. The Board of County Commission- 
ers select three persons who are called ' l Drainage Commis- 
sioners ; ' ' these hold their offices two years and have charge 
of the construction of all public drains built in the county. 
Whenever any owner of land lying outside of a city or town 
petitions the Circuit Court for a ditch, and after notice of it 
has been given to the persons whose lands will be effected, 
the Court refers it to the Drainage Commissioners. These 
examine the route of the proposed ditch and all the lands 
that ought to be assessed for its construction, and report to 
the court whether or not the ditch ought to be constructed. 
Many objections may be urged to this report, but the court 
may proceed and order that the ditch be constructed unless 
some one of them is well founded, which must be proven. 
The court then refers the ditch to one of the Drainage Com- 
missioners, and he lets out the work of constructing it to the 
lowest bidder. The amount of his bid is divided up among 
all the lands benefited, and the owner is required to pay the 
amount allotted to his tract of land. The court may also 
order that a whole or a part of the ditch be tiled. If the 
Board of County Commissioners are petitioned to have a ditch 
constructed they refer it to three landowners, and not to the 



DRAINAGE. 143 

Drainage Commissioners, and the proceedings are then very- 
much like those just described, except that the County Au- 
ditor lets out the contract of constructing it. If the drain be 
in two counties the Boards of County Commissioners of the 
two counties act together. 

2 Repairing Ditches. 

It is necessary to keep ditches cleaned out, or they will 
soon fill up and be of little use. In order to do this, the 
County Surveyor examines all the ditches in the county, and 
sets aside to each landowner whose land is benefited by the 
ditch, a certain portion of the ditch on or adjoining his land 
to keep in repair. He makes a record of this allotment in a 
book kept for that purpose. It is then the duty of the town- 
ship trustee to direct the road supervisors to notify the land- 
owner to keep his part of the ditch in good order; and if he 
do not do it, the township may do it for him and compel 
him to pay for it. 

3. Levees. 

In order to keep water from flooding lands it is often 
necessary to build an embankment called a ' ' levee. ' ' This 
may be built under laws similar to the drainage laws, and 
the owners whose lands are benefited compelled to pay for it. 
They are kept in repair much in the same way that ditches 
are kept in repair. 



CHAPTER XXVI. 
EDUCATION. 

1. School Corporations — School Officers. 

In discussing townships it was shown how every township 
was also a ' ' School Township, ' ' or township for school pur- 
poses; and that every township trustee was also a " School- 
Township Trustee. ' ' The same is true of cities and towns. 
Every city is a " School City, ' ' or a city for school purposes ; 
and every town a town for school purposes, or a " School 
Town. ' ' Every city and town has separate school trustees. 
The Common Council appoints them for the city, and the 
Board of Town Trustees for the town. These trustees have 
charge of the schools of their respective cities, towns and 
townships. They must provide enough school-houses to ac- 
commodate the school-children of the city, town or township. 
They have charge of all the school property. In the City of 
Indianapolis, however, there are no school trustees; but in 
their place eleven school commissioners are elected by the 
people. 

2. Enumeration of Children. 

Between the tenth and thirteenth day of April of each 
year the school trustees must make out a list of all the chil- 
dren residing in their city, town or township who are between 
the years of six and twenty-one years. This is called the 
' ' Enumeration. ' ' They also take the names of the parent, 
or guardian, head of the family or person having charge of a 
child thus enumerated. Persons under twenty-one years 



EDUCATION. 145 

who are married are not enumerated. The trustees also make 
a note of the school-house to which the parent or person in 
charge of the child sends it to school. The person who sends 
his children to a particular school is said to be " attached' ' to 
that school. In the township the persons who send to a 
school make the district for that school. But in towns and 
cities there are no school districts. Sometimes it is more 
convenient for a person to send his children to a school in an- 
other township, or to a town or city; and at the time the 
enumeration is taken he may ask the school trustee for that 
privilege, and if he consent, such person may then send his 
children to the other township, town or city, even though it 
be in another county. This is called a ' ' transfer' ' for school 
purposes. The transfer can only be made at the time the 
enumeration is made. A person thus transferred is taxed 
for school purposes in the township, town or city to which 
he is transferred, but not in the place where he resides. In 
1897 the number of children enumerated in the State was 
749,902; the average daily attendance at school 402,747, 
while the number enrolled in the schools was 551,073. 

3. Compulsory Education. 

All children in the State between the ages of eight and 
fourteen must attend a public, private or parochial school, at 
least twelve consecutive weeks in each school year (which 
begins on the first day of July), unless they have certificates of 
graduation showing that they have completed the first eight 
years of the work of the public school, or are physically or 
mentally unable for the school work. Persons are appointed, 
called " Truant Officers," to see that all such children are 
sent to school, and to notify their parents, guardian or cus- 
todian, when they are not so sent, to send them. If the per- 

—10 



146 THE GOVERNMENT OF INDIANA. 

son thus notified does not comply with the request, he is 
liable to be arrested and punished by fine and imprisonment 
in the county jail. If a parent, guardian or custodian of a 
child cannot buy school books and clothes for him, the school 
trustees must furnish them so he can go to school. 

Jf. Graded or High Schools. 

The school trustees may establish graded or high schools. 
Two townships, or a town and township, or a city and a 
township may unite and build a graded or high school, and 
jointly support it. 

5. School Superintendents. 

On the first Monday of June of the odd numbered years, 
the township trustees meet at the County Auditor's office and 
elect a ' ' County Superintendent. ' ' If they be evenly divided, 
the County Auditor gives the casting vote. The County Su- 
perintendent serves two years. He must examine all appli- 
cants for a teacher's license; and no one can teach in the 
public schools unless he has a license issued by the County 
Superintendent or some State school officer. It is made his 
duty to visit and superintend the schools of the county. He, 
however, has nothing to do with city schools, except to ex- 
amine the teachers who desire licenses to teach therein. He 
usually has an office in the county court-house. The school 
trustees of a city or town may elect a school superintendent 
of such city or town; such a superintendent has charge of 
the schools of his city or town. In many towns, however, no 
superintendent is elected. 

6. State Superintendent of Public Instruction. 

The State Superintendent of Public Instruction is elected 
every two years at the general State election, by the voters of 



EDUCATION. 147 

the State. He has an office in the State-House in Indianapo- 
lis, and has two clerks to assist him. At each regular session of 
the General Assembly, he makes a report to it concerning 
the public schools of the State ; and the year it is not in ses- 
sion he reports to the governor. During his term of office 
he must visit each county in the State. His traveling ex- 
penses are paid by the State. He has general charge of the 
schools of the State, and must look after their interests. He 
is at the head of the State School system. 

7. Indiana State Board of Education. 

The Governor, the State Superintendent of Public In- 
struction, the Presidents of the State and Purdue Universities, 
and of the State Normal School, and the Superintendents of 
the schools of the three largest cities of the State, constitute 
a Board called the "Indiana State Board of Education." 
The three largest cities at the present are Indianapolis, Ev- 
ansville and Fort Wayne. The State Superintendent is the 
President of this Board. The Board has a seal which it uses 
on official papers that it issues. It meets on the call of the 
President in rooms adjoining those of the State Superintendent 
in the State Capitol. It issues State licenses to teach to per- 
sons showing themselves entitled to them on examination. It 
looks after the interests of the Schools of the State, and makes 
such recommendations for their benefit as it thinks proper. 
It selects the school-books for the schools of the State, elects 
five trustees of Indiana University, and manages the State 
Library. 

8. Schools Free. 

The common schools are free to all those entitled to go 
to school. No one is compelled to pay tuition. In the early 



148 THE GOVERNMENT OF INDIANA. 

history of the State, the school-houses were free, but those 
sending to school paid the teacher. Now the teacher is paid 
out of the school funds or revenues. Sometimes when a pu- 
pil desires to go to another district or to a city or town school, 
and he has not been regularly transferred, he must pay tui- 
tion for the privilege; but even if he were willing to pay tui- 
tion he could not go to the schools of such other township or 
to the town or city, if the school officers would not consent 
to it. In 1897 the number of school-teachers employed was 
15,052. 

9. School Funds. 

In the ordinance of 1787, which was described in the 
first chapter, Congress provided that one section of land in 
every thirty-six should belong to the public schools. In the 
chapter on townships is described a ' ' Congressional Town- 
ship;" and this section, called often the u School Section, " is 
number sixteen of that township. This section, like all other 
full sections, has 640 acres in it. In many of the Congres- 
sional Townships this section has been sold, but the money 
received from the sale has not been spent or used. When 
the section has not been sold it is rented out, and the rent 
thus received used to support the schools of the township. 
If parts of two civil townships lie in this Congressional Town- 
ship, the rent or the income from the money is divided be- 
tween them. 

So any town or city within the Congressional Township re- 
ceives its share of the rents or income. This is called the 
"Congressional Township Fund." The school funds also 
consist of monies derived from other sources. Congress in 
1816 gave the State all lands around salt springs, which were 
then thought to be valuable, called " Saline Lands;" and 



EDUCATION. 149 

these have been sold and the money added to the school 
fund. If a man dies without any heirs, and without having 
made a will, his lands may be sold for the benefit of the school 
fund. If a man be fined or ordered to pay a sum of money 
to the State because he has violated the law, the amount he 
pays belongs to the school fund. In 1850 Congress gave the 
State many acres of swamp lands; and these have been sold 
for the benefit of the schools. The money derived from the 
sale of the school sections can never be diminished in amount. 
All these several sums of money is called the ' ' School 
Fund," and it is divided among the counties of the State, 
and loaned out by the County Auditor on real estate mort- 
gages at six per cent, interest. If the money is not loaned 
out, the county must pay interest on it; and if it be loaned 
out but the interest not paid, the county must still pay the 
amount of interest not paid by the borrower. This method 
is pursued in order to always have an income from this fund 
with which to support the schools. If any of the fund be 
lost, then the county must make up the loss. In 1898 the 
total school fund amounted to $10,222,792. The interest re- 
ceived from this fund is called the - ' School Revenue for Tu- 
ition," and it is only used for the support of the public 
schools, but not for building school-houses or buying school 
furniture. 

10. Apportionment of School Revenue. 

Every six months the State Superintendent of Public 
Instruction apportions to or divides the interest arising from 
the school fund, together with the amounts arising from the 
State school tax levy, among the several counties of the State, 
according to the number of children each has enumerated for 
school purposes; and then the State Treasurer pays this over 



150 THE GOVERNMENT OF INDIANA. 

to the County Treasurer. This division is made in June and 
January. As soon as this division has been made, the County 
Auditor of each county makes a division of the amount his 
county receives, among the townships, cities and towns of his 
county. In doing this he must see that the interest arising 
from the Congressional Fund goes to the township to which 
the fund belongs; and if it belongs in part to a city or town, 
or to two civil townships, that division is made according to 
the number of school children each city, town or township 
has. To each child in" the county is usually allowed the same 
amount, unless it would disturb the distribution of the inter- 
est on the Congressional Fund; but this seldom occurs. 

11. Taxes. 

The interest received from the school fund is not enough 
to support the public schools. It pays less than one-fourth 
the cost of their support, so that it is necessary to levy 
a tax for that purpose. Every year the State levies a tax of 
eleven cents on every one hundred dollars worth of taxable 
property and distributes it among the counties according to 
the number of their school children. But the trustees of the 
several townships, towns and cities, may also levy taxes for 
the support of the public schools. The township trustee levies 
this tax without the consent of the Board of County Com- 
missioners, as is required in an instance concerning the levy 
of ordinary taxes. These taxes are of two kinds : one to build 
school-houses and buy school furniture, fuel and the like ; 
the other to employ teachers for the schools. The first is 
called a "Special School Tax," and the second a " Local 
Tuition Tax." The first cannot exceed fifty cents on each 
one hundred dollars worth of property in the township, town 
or city where levied; the second cannot exceed thirty-five 



EDUCATION. 151 

cents. If a township is in debt for school buildings, it may 
levy a small tax not exceeding twenty-five cents on each one 
hundred dollars worth of property in the township to pay 
this debt. The city or town levying a school tax collects it, 
but the County Treasurer collects the township school tax 
and pays it over to the township trustee on the order of the 
County Auditor. All these city, town and township taxes 
(frequently called " Local School Taxes"), are used in the 
city, town or township levying them, and none of them are 
paid into the State Treasury. Besides these, so much of the 
fund raised from the tax on dogs as is not paid to the owners 
of sheep killed by dogs, is paid over to the proper school 
authorities for the support of the schools. In 1897 the total 
amount of money expended for school purposes amounted to 
the large sum of $6,964,667. 

12. School Buildings. 

School-houses are built by the school trustees. They 
belong to the school city, school town or school township in 
which they are situated. If a city or town should so extend 
or enlarge its boundaries that it took in a school-house in the 
adjoining township, such school-house would then belong to 
the city or town, and the township must give the school city 
or school town a deed for it. The township thus loses its 
school-house, and gets nothing for it. The sites of township 
school-houses may be changed if convenience or necessity re- 
quires it, but not without the consent of the County Superin- 
tendent of Schools. In cities and towns this consent is not 
required. If a school-house be not in use the school trustee 
may permit any person, if the majority of school patrons re- 
quest it, to teach a private school in it, until it be needed 
for a public school. So if a school-house in the county be not 



152 THE GOVERNMENT OF INDIANA. 

in use, the trustee, if a majority of the voters in the district re- 
quest it, must allow it to be used for public and religious meet- 
ings ; but during the time it is in use for schools he may refuse 
the request. The school trustees in cities and towns, however, 
are not compelled to permit such public use of the school- 
houses. In 1897 there were 10, 050 school-houses in this State. 

13. School Libraries. 

In 1852 the Legislature enacted a law providing for a levy 
of a very small tax for the purchase of books. By this tax 
was raised the next year two hundred thousand dollars. With 
this money books were bought and distributed to the town- 
ships of the State ; and the books thus distributed made the 
' ' Township Libraries ' ' that are now found in those townships 
where they have not been destroyed. About 1865 a few books 
were added to each library, but since then there have been no 
additions to them. In some townships these libraries have 
been lost or destroyed. They are under the charge of the 
township trustee, free for the use of the people of the town- 
ship. In a few counties there are county libraries, kept by 
the county. The school trustees of cities and towns can es- 
tablish free libraries, if they see fit, in connection with the 
schools, and levy taxes for their support. In cities buildings 
may be purchased or built for the library. These libraries 
are under the control of the school trustees who make rules 
and regulations for their government and the use of the books. 
Nothing is of as great a benefit to a community as a public 
library of good books, even though small. A tax ought to be 
levied and a new library provided for every township in the 
State. A good library for each township could in this way be 
provided, although the amount each tax-payer would have to 
pay would be so light he would scarcely notice it. 



EDUCATION. 153 

1J/.. Indiana and Purdue Universities — State Normal. 

Indiana State University is located at Bloomington. In 
1816 the United States gave a township of land for it; and it 
was founded in 1820. The first building was put up at Bloom- 
ington in 1825. It is supported in part by rents from lands 
it owns, by interest on money it has, and by a tax levied by 
the State for its use. In 1898 it had nearly a thousand stu- 
dents. It has seven buildings, six of which are situated in 
the midst of twenty acres of land, called a ' ' Campus, ' ' partly 
covered with fine forest trees. The University has a library 
of many thousand books. No charge is made for tuition; 
but small charges are made for certain rights or privileges a 
student enjoys. 

Purdue University is located on a high bluff, at the City 
of Lafayette. In 1862 Congress gave the State many thou- 
sands of acres of land with which to build and support a 
university. Mr. John Purdue in 1869 gave it a very large 
sum of money, and the university was then named after him. 
It has eight buildings, and is surrounded by one hundred 
acres of land. In this university are taught many things not 
taught in the ordinary colleges. It teaches boys to become 
machinists, surveyors, or civil engineers, or chemists, or 
farmers; besides these many other studies are taught. It has 
shops in which are many kinds of machinery for the use of 
the students. It is supported by interest on funds it owns, 
and by a tax levied by the State for it. No charge is made 
for tuition, but there are certain other incidental charges 
made, which must be paid. In 1898 it had nearly seven 
hundred students. 

The Indiana State Normal School is located at Terre Haute. The 
principal object of this school is "the perfection of teachers 



154 THE GOVERNMENT OF INDIANA. . 

for teaching in the common schools of Indiana. ' ' Pupils who 
do not intend to teach, however, frequently go to it. It has 
two large, fine buildings. This school, like the two State 
Universities, is free and no tuition is charged. It is sup- 
ported by the State by a tax levied for it. At the spring term 
of 1898 it had nearly fifteen hundred students. 

There are many other colleges in the State but they are not a 
part of the public school system. Among them are the Pres- 
byterian colleges of "Wabash," at Crawfordsville, and "Han- 
over, ' ' near Madison ; the Methodist, ' ' Depauw University, ' ' 
at Greencastle, and "Moore's Hill College," at Moore's Hill; 
the Baptist, ' ' Franklin College, ' ' at Franklin ; the Friends, 
"Earlham," at Richmond, and the Chustian, "Butler Uni- 
versity, ' ' at Irvington, near Indianapolis. Tuition in these 
schools is not free. 



1 



CHAPTER XXVII. 

ELECTIONS. 

7. When Held. 

On the first Tuesday after the first Monday in November, 
of the evenly numbered years, there is held a general State, 
county and township election throughout the State. Thus an 
election is held every two years. Elections in towns, however, 
are held annually on the first Monday in May; and in cities 
on the first Tuesday in May in the evenly numbered years. 
When an election is held every year it is called an ' 'Annual, ' ' 
and when every two years a "Biennial Election." If an 
office should become vacant for any cause between the dates 
of election, the vacancy is filled by appointment. This, how- 
ever, is not true of a common councilman or member of the 
General Assembly, or when two or more persons receiving 
votes at any election have the highest and an equal number 
of votes for the same office. In any of these events a special 
election is called and held to fill the vacancy. But the city 
election in the City of Indianapolis is held on the second 
Tuesday of October ; and in the City of Evansvilie on the first 
Monday in April. The elections in these two cities are held 
every two years. 

2. Precincts. 

The Board of County Commissioners of each county in 
1889 divided their respective counties up into small divisions 
called "Precincts," for election purposes. Since then these 
precincts have, in many instances, been changed. They 



156 THE GOVERNMENT OF INDIANA. 

should contain, as nearly as practicable, not less than two 
hundred voters, nor more than two hundred and fifty. This 
is to enable election officers of a precinct to know all the per- 
sons who are entitled to vote in that precinct, and prevent 
persons voting who are not entitled to do so. If an entire 
township has not over two hundred and fifty voters it makes 
only one precinct. The Board of County Commissioners also 
divides up cities and towns into precincts. But when a city 
or town election is held the city or town may have a new set 
of precincts provided by the Common Council for the city, or 
by the Board of Trustees for the town. In these city or town 
precincts only city or town officers are voted for. These city 
and town precincts are often, however, the same, having the 
same boundaries as the precinct boundaries of those created 
by the Board of County Commissioners. 

3. Who Entitled to Vote — Electors — Naturalization. 

No person is entitled to vote unless he has resided in the 
precinct where he desires to vote thirty days immediately 
preceding the day of the election and in the township of 
which the precinct is a part sixty days immediately preceding- 
such election. If it is a city or town election he must have 
resided in the ward thirty days. He must also have resided 
in the State six months immediately preceding the day of 
election, and have been a citizen of the United States. For- 
eigners cannot vote unless they have lived the same length of 
time in the precinct, township and State, and have declared 
their intention to become citizens of the United States as the 
laws on the subject of naturalization provide. Simply because 
a man goes out of the State he does not lose his residence nor 
his right to vote. Men elected to Congress spend most of 
their time at the city of Washington, often take their families 



ELECTIONS. 157 

there and "keep house," and yet do not lose their right to 
vote in the precinct where they lived when elected. But if 
a man goes out of the State with the intention of not coming 
back to live, he loses his right to vote, and if he returns he 
must live here the same length of time that a man would do 
who had never lived here. A man confined in the peniten- 
tiary, however, is ' ' disfranchised ' ' and cannot vote ; and 
often he cannot vote for several years after he has served out 
his sentence. If pardoned by the Governor, however, he 
may vote. No one can vote who is not at least twenty-one 
years old. In law a man becomes twenty-one years old the 
day before his twenty-first birthday, and on that day he may 
vote if an election is held in his * precinct. This frequently 
occurs. In this State women cannot vote; but in some of 
the States they may. 

4-. Ballots. 

All elections in this State are by i l ballot ' ' A ballot is 
a piece of paper with the names of the persons printed on it 
for whom the voter or elector desires to vote. The State 
prints the ballots on which are put the names of the candi- 
dates for State offices and for Congressmen; and the county 
those on which are printed the names of the candidates for 
county and township officers. When a city or town election 
is held, the city or town prints the ballots. Every year a 
State election occurs, the Governor selects two voters from 
different political parties, and these two, with himself, con- 
stitute the "State Board of Election Commissioners." In 
each county, at the same time, the Clerk of the Circuit Court 
selects two voters from different political parties, and he, 
with these two, constitute the ' ' County Board of Election 
Commissioners. ' ' When there is a city or town election, com- 



158 THE GOVERNMENT OF INDIANA. 

missioners are appointed for the city or town. All these per- 
sons serve without pay. It is the duty of the State Board to 
see that the State ballots are properly printed and distributed 
to the counties; and of the County Board to see that the 
county and township ballots are properly printed, and they 
and the State ballots properly distributed to the precincts in 
the county. Each political party furnishes the State Board 
with the names of the persons and for what State offices it 
has named them as candidates, and a like list is furnished the 
County Board of persons named as candidates for county and 
township officers. Sometimes voters desire to vote for per- 
sons not nominated or selected by a party as its candidate. 
When they desire to do this, they may petition the State or 
County Boards to place the names of the persons they desire 
to vote for upon the ballot to be printed; and if the proper 
number of persons do this in time, the names are placed on 
the ballot. All the names of the candidates nominated by 
the Democratic party are placed in a column (one above the 
other) on the left-hand side of the ballot; then comes the Re- 
publican ticket in a like column, and the other parties as the 
Board sees fit to arrange them in columns. A round ring is 
printed at the head of these tickets, and usually some em- 
blem or device is printed in it, as the party directs. The 
Democrats usually have a picture of a rooster printed in the 
ring over their ticket, and the Republicans an eagle. To the 
left of each name on the ballot is a small square. 

5. Form of Ballot. 

The following is part of the form of a State ballot. If 
there be another party ticket, it is placed to the right of the 
Republican ticket: 



ELECTIONS. 



159 



^e ftX witfr 



^ e ».*****/, 




dem. 



DEMOCRATIC TICKET. 



For Governor, 
BENJAMIN F. SHIVELY. 

For Secretary of State, 
SAMUEL RALSTON. 



REPUBLICAN TICKET. 




REP. 



I DE3L I 



KEP. 



For Governor, 
JAMES A. MOUNT. 

For Secretary of State, 
WILLIAM D. OWEN. 



6. How to Vote. 

When an elector desires to vote, he goes into the place 
where the election officers are, and they give him a blue pen- 
cil and a ballot, on the back of which the election clerks 
have put their initials. He then goes into a little booth or 
stall, in front of which hangs a curtain, so no one can see what 
he does, and marks his ticket. If he desires to vote for all the 
candidates on the Democratic ticket, for example, he makes 
a plain cross like this X with the blue pencil, in the 
round ring at the head of that ticket. He can only use a 
blue pencil in making this cross; and he cannot use any other 
kind of mark. But if he does not desire to vote for all the 



160 THE GOVERNMENT OF INDIANA. 

candidates on that ticket, or the straight Democratic ticket, 
he makes a cross with the pencil in the small square to the 
left of the names of those persons for whom he desires to 
vote, whether they be on the Democratic or any other ticket, 
and does not make a cross in any of the circles. He cannot 
vote for more than one man for any one office. He must 
not put a mark on his ballot any other place than a cross 
in the circle or squares; for if he does his ballot will not be 
counted. So if he were to mark both a circle and a square, 
it would be thrown out. He is not bound to vote for all the 
offices, but just such as he sees fit. After he has marked 
the ballot, he folds it up so the clerks' initials can be seen, 
and gives it to the officer having charge of the ballot-box, 
into which it is put. The clerks write down his name on a 
list, and then he leaves the election room. The State bal- 
lots are printed on red tinted paper and put into a red ballot- 
box; the county ballots are printed on white paper, and for 
them a white ballot-box is provided. The color of the town- 
ship ballot and ballot-box is yellow. Every voter at a State 
and county election receives both a red and a white ballot, 
and if a township eleetion is held at the same time, a yel- 
low ballot, and he must mark all three of these if he desires 
to vote them. 

7. Election Officers. 

For every precinct, except the one in which the township 
trustee lives, the Board of County Commissioners appoint an 
election "Inspector" and two "Judges." In the precinct 
where the township trustee resides, he serves as the inspector. 
These three form the ' ' Board of Election' ' for the precinct, and 
they must be voters in that precinct. On election day the 
Board must appoint two persons as "Poll Clerks." Not 



ELECTIONS. 161 

more than two members of the Board can belong to the same 
political party; and the poll clerks must belong to different 
parties. The Board must see that the " polls," as they are 
called, are opened in time, in cities usually by six o'clock in 
the morning and in the country by eight o'clock, and that 
they are kept open until four o'clock in the evening at least, 
and until six o'clock unless all members of the Board agree 
after four o'clock to close them. The clerks, beside writing 
their initials on the back of the ballots, keep a list of all per- 
sons voting. When the polls are opened, one of the Board 
announces at the door in a loud voice that the polls are open 
for voting; and when they are closed, that fact is also an- 
nounced. As soon as the polls are closed, the election officers 
burn all the ballots not voted, except one kept as a sample. 

8. Counting Ballots — Board of Canvassers. 

As soon as the unused ballots are burned, the Board 
opens one of the ballot-boxes, and proceeds to count the bal- 
lots. The poll clerks each keep a record of the number of 
votes cast for each person; and when this record is completed, 
the three members of the Election Board sign the records or 
certificates. They then burn the ballots that have been voted, 
except such as there is a dispute over in the counting. The 
inspector takes one of these certificates and one of the judges 
the other; and on the following Thursday at ten o'clock in the 
forenoon, he meets all the other inspectors of the county at 
the Court-House, and they count up the result of the voting 
in the whole county. This is called the ' ' Board of Canvass- 
ers. ' ' They sign a certificate showing the result, and give it 
to the Clerk of the Circuit Court. This officer makes out a 
certificate of the number of votes in the county for candidates 
for State officers, and sends it to the Secretary of State, where 



162 THE GOVERNMENT OF INDIANA. 

the result of the voting in all the counties for State candidates 
is ascertained and declared. 

9. Going Near Voting Places — Poll-Taking. 

No one can go nearer the place of voting, unless to vote, 
than fifty feet. However, two persons appointed as "Elec- 
tion Sheriffs ' ' may go nearer than this, for they are appointed 
to keep order and arrest persons violating the election laws. 
So each political party may appoint one challenger and one 
poll-book holder, and these may stand near the place of voting 
in order to see who is voting. If the challenger thinks any 
one is attempting to vote who is not entitled to vote, he may 
object to his vote, or "challenge" him. When this is done 
the person desiring to vote must swear that he is a legal voter 
or he cannot vote. The poll-book holder has a list of the 
voters made out in a book, which he examines to see if a per- 
son desiring to vote is entitled to do so. This list is made out 
several days before by each political party, who sends agents 
from house to house to find out if any voters live there, what 
are their names and to what political party they belong. It 
is the duty of every person in charge of a house or hotel or 
other place of residence to give these agents when requested 
by them, the names of all male persons residing in the house 
or hotel, and other facts concerning their right to vote. This 
is to prevent illegal voting. 



CHAPTER XXVIII. 

THE MILITIA. 

1. Commander-in-Chief. 

The Governor is Commander-in-Chief of the military 
and naval forces of the State, and may call them out to exe- 
cute the laws, to suppress an insurrection, or to repel an in- 
vasion. The State does not now, however, have any naval 
forces. The Governor appoints and commissions all the offi- 
cers of the militia. The militia is called the 1 1 Indiana Na- 
tional Guard." 

2, Divisions. 

The militia is divided into two classes, — one called the 
"Sedentary," and the other the "Active." Every able- 
bodied male person in the State who is over eighteen and 
under forty-five years of age, and who does not belong to the 
active militia, is a member of the sedentary division. By 
this is meant that the State may require his services if it be 
necessary. It is only the active militia, however, to whom 
reference is here made. The active militia cannot consist of 
more than forty-eight companies of infantry, three batteries 
of artillery, one signal corps, one hospital corps and one band 
of musicians for each regiment and one for each battalion of 
artillery. There is no cavalry. The number of privates in a 
company of infantry cannot exceed seventy-two. Besides 
these there is a captain, two lieutenants, five sergeants, four 
corporals and one company clerk. Four of these companies 
make a battalion and three battalions a regiment, so that a 



164 THE GOVERNMENT OF INDIANA. 

regiment has twelve companies. As there can be only forty- 
eight companies, there cannot be over four regiments of in- 
fantry. A battery or artillery battalion cannot have over 
thirty-two privates. It has a captain and two first and one 
second lieutenants, besides other officers. A regiment is com- 
manded by a Colonel, and the four regiments make a brigade, 
commanded by a Brigadier-General. He is the highest offi- 
cer in the militia. 

3. Where Formed — Arms — Uniforms. 

These divisions may be formed at any place where a suf- 
ficient number of citizens may desire to form a company or a 
battery. It is not necessary that a company should all be 
situated at one place or in any one city or town. Parts of a 
company, called "Platoons," may be situated in different 
places, and usually are. Arms are supplied a company by 
the State, but a company's officers must give a bond to the 
State for their return and to prevent their loss. The whole 
company is also liable for them if they be lost or destroyed. 
The State also furnishes uniforms ; these belong to the State, 
and not to the individuals receiving them. 

If.. Encampment. 

Once a year the Brigadier-General, with the Governor's ap- 
proval, may order an encampment to be held at any place in the 
State which he may select. When this is done all persons in 
the active militia are requiredto attend, to drill and to observe 
military rules and orders. The encampment cannot last more 
than six days. When thus assembled the State furnishes 
the militia with tents, bed clothing and food. Drills are 
held every day, and all the rules of a regular army are 
observed. 



THE MILITIA. 165 

5. Pay — Adjutant- General — Quartermaster- General. 

Only members of the active militia are paid, and then 
only for actual services rendered to the State. When in camp 
they are paid ; and so when ordered out to keep the peace or 
suppress a riot or insurrection. This is not true, however, of 
the Adjutant-General and the Quartermaster-General. These 
officers receive a yearly salary ; the former fifteen hundred 
dollars a year, and the latter twelve hundred. These two 
officers have quarters in the State-House, and are required to 
be in constant attendance there, to keep the records of the 
militia and look after its supplies. 

6. Term of Enlistment. 

Any one enlisting in the active militia must serve three 
years, unless he be sooner discharged. At the end of three 
consecutive years of service he receives an honorable dis- 
charge. If a man, however, has served three years, called a 
' ' full term, ' ' he may re-enlist for a short term of only two 
years. Any commissioned officer who has served for a 
period of five years may, on his discharge, be put on the 
' ' Retired List, ' ' and on all occasions he sees fit he may wear 
his uniform. 

7.. Quelling Riots. 

Whenever in any place in the State any tumult, riot, 
mob, or any body of men acting together by force with intent 
to commit a crime, or offer violence to any person or property, 
or by force and violence to break and resist the laws of the 
State or of the United States ; or if any tumult, riot or mob 
be threatened, the Governor, on being so informed, may order 
out any portion of or all the militia to quell it and preserve 
order and peace. It is made the duty of the Mayor of the 



166 THE GOVERNMENT OF INDIANA. 

city or the Judge of the county, when trouble arises, to 
inform the Governor of such riots and resistance to the law. 
The company or portion of the militia so ordered out must at 
once obey. If it is necessary, the troops, while thus under 
arms, may fire upon the mob if their commander order it. 
But in no case can the troops be ordered to fire blank car- 
tridges ; their guns must always be loaded when firing on a 
mob, the same as if they were in actual war. 



CHAPTER XXIX. 

TAXES. 

1. Necessity for Taxes. 

No government can exist without funds or monies to sup- 
port it. It is not engaged in trade, or in manufacturing, or 
farming; and it must, therefore, have some method by which 
it can raise the money necessary for its support. This is not 
only true of the State, but of the county, township, city and 
town. This money is raised by taxation, and the money that 
the people are required to pay is called "taxes." A tax is a 
certain and fixed amount levied by competent authority upon 
property within the State, for the support of the political di- 
vision levying it. The State levies one tax, the county an- 
other, the township another, the city another and the town 
another. The State tax must be used to support the State 
and its undertakings; the county tax to support the county; 
the township tax to support the township; the city tax to sup- 
port the city, and the town tax to support the town. A 
county tax cannot be taken to support a township; nor a 
township tax to support the county, or a city or a town. One 
township cannot be taxed to support another; nor one county 
to support another county; nor one city to support another 
city. Each political division of the State must support itself. 

2. How Taxes are Levied. 

By levying a tax is meant the fixing of the amount of 
taxes to be paid on each one hundred dollars of property liable 
to be taxed. It is usually a few cents on each one hundred 



168 THE GOVERNMENT OF INDIANA. 

dollars' worth of property. This is called a ' ' Property Tax." 
Another tax is called a ' ' Poll-Tax ;' ' and this is a small amount 
levied upon male persons of full age, usually those not over fifty 
years old. Taxes are levied for various purposes. Thus the State 
now levies a tax of nine cents upon each one hundred dollars' 
worth of taxable property within the State, and fifty cents on 
each taxable poll, for the general purposes of the State. So 
it levies five cents on each one hundred dollars' worth for the 
support of the Benevolent and Reformatory Institutions ; and 
eleven cents, and a fifty-cent poll-tax, for the support of the 
public schools. It also levies one-sixth of one mill on each 
dollars' worth of property for the support of the State Uni- 
versity, the State Normal, and Purdue University. The Leg- 
islature has by law provided that this amount shall be levied 
each year. The amount is frequently changed by that body. 
These are all State taxes, because levied by the State for State 
purposes. If there was no law providing what the amount 
should be or authorizing some person to v fix the amount, no 
tax could be levied. So there must be a law fixing the 
amount for the county, township, city and town, or some of- 
ficer or officers must be authorized to fix the amount or no tax 
can be collected. The Board of County Commissioners fix 
the amount of the county tax; the township trustees, with 
the consent of the county commissioners, the amount of the 
general township tax; the Common Council the amount of the 
city tax; and the Board of Trustees the amount of the town 
tax. None of these bodies or persons can levy a tax except 
for the purposes specified in some law authorizing the levy. All 
these taxes taken together often amount to a considerable sum. 
Thus, if a person owns a house in a town, it may be taxed by 
the town, by the township in which the town is situated, by the 
county and by the State. So a man's horse or furniture 



TAXES. 169 

may be taxed in the same way; and he may also be required 
to pay several different poll-taxes — one to the town, another 
to the township, another to the county, and a fourth to the 
State. There are so many taxes that public officials must be 
careful to keep each tax as small as possible, in order to pre- 
vent them becoming too burdensome. 

3. Must be Levied for a Public Purpose. 

Not only must there be a law authorizing the levy of a 
tax, but the purpose for which it is levied must be a public 
one. Taxes are for public purposes, not for private purposes. 
A tax to build a court-house or a school-house is for a pub- 
lic purpose. So is a tax to build a public road or highway, 
or pay a public officer for his services. To permit a tax to 
be levied on one person in order to raise a sum of money to 
give to another, is just the same as taking one man's property 
and giving it to another. Even the Legislature cannot do this, 
nor empower any officer to do it. It is sometimes difficult to 
tell whether a tax is a public or a private one. County Com- 
missioners may pay a reward for wolf, fox or woodchuck 
scalps, or the head of an owl ; but this is permitted because 
it is a benefit to the whole community to have these pests 
destroyed. Of course, the Commissioners have no means of 
raising the money thus paid out except by levying taxes. So 
they may pay a bounty on silk raised or produced within the 
county; this is to encourage a manufacturing enterprise that 
will also be a benefit to the whole community. They may 
also pay out money to support the poor, and this is eminently 
proper; for we ought not to permit the unfortunate to suffer 
or perish for want of food or clothing. So townships may vote 
a tax to aid in building a railroad, although the road when 
built will be owned by a private company, for a railroad is a 



170 THE GOVERNMENT OF INDIANA. 

benefit to the public. But for whatever purpose a tax is 
levied the money thus raised must be used in a public enter- 
prise. 



4- 

Every four years there is elected in each township an 
assessor called the "Township Assessor." These assessors 
may appoint deputies. A township assessor and his deputies 
each receive two dollars a day, but they cannot work more 
than sixty days in one year. In a township having one hun- 
dred thousand inhabitants, however, the assessor and his dep- 
uties receive three dollars a day. There is also a county asses- 
sor who receives three dollars a day, and the number of days 
for which he can charge varies in the different counties accord- 
ing to the population. In a heavily populated county, as 
Marion county, he receives eighteen hundred dollars a year. 

5. Property Liable to be Taxed. 

The State taxes all property within its boundaries, ex- 
cept as stated below; a county, all property within its bound- 
aries, with a like exception ; a township, all property within 
its limits, and so with a city or town. A county cannot tax 
property in another county nor a township in another town- 
ship; and so with a city or town. There is, however, cer- 
tain property not taxed. Such is the case with property of 
the United States, property owned by any county, township, 
city or town; lands owned for the use of the public schools; 
property owned and used by any private school or college for 
school purposes ; a building owned and used for literary, scien- 
tific or charitable purposes, and all buildings used for relig- 
ious worship, including the parsonage and land on which it 
is situated, not exceeding ten acres in extent. Cemeteries are 



TAXES. 171 

exempt from taxation, so are public roads or highways, and 
certain lands owned by the Miami tribe of Indians. 

6. Valuation of Property. 

In the tax law, lands and buildings are called ' 'Realty' ' or 
"Real Estate;" and furniture, tools, goods, grain and the like, 
"Personality" or "Personal Property." Every four years 
the township assessor and his deputies examine every piece 
of real estate in their townships and appraise or fix its value. 
They write down in a book a description of this real estate 
and amount at which they have appraised it. The ground is 
valued at so much, and the buildings, called the ' ' Improve- 
ments, " at so much more. When they have determined their 
worth, they notify the landowner, and state where -he can ob- 
ject to the appraisement or valuation. This appraisement is 
made in April, May and June. Every year the assessor and 
his deputies visit each person in the township who has per- 
sonal property, and require him to give them a list of it, and 
to state its value. Large blanks are prepared by the State 
Auditor and printed by the counties for this purpose. In as- 
sessing personal property, every person must give a list of all 
the property he owned on the morning of April first, even 
though he has sold it before the assessor calls on him for the 
list. This method of ascertaining the value of property is 
called its " Assessment for Taxation, " or its "Appraisement" 
or ' l Valuation. ' ' Every person when his personal property 
is assessed must swear to the correctness of the list and the 
valuation of it that he gives. If he refuses to do this, the 
assessor may make his own list and valuation of it, and so 
state to the County Auditor, who adds to it one half of the 
valuation made by the township assessor, by way of punish- 
ment. 



m THE GOVERNMENT OF INDIANA. 

7. County Board of Review. 

After he has visited every person in his township, the as- 
sessor makes out an alphabetical list of the persons assessed 
with a statement of the amount with which each one is as- 
sessed. If he has assessed or valued their lands, he makes 
out a list of these lands. He then makes out a report to the 
County Auditor, taking an oath that his list is correct. For 
the purpose of making this list he is furnished a book by the 
county, called the "Assessor's Book." After all the town- 
ship assessors have reported, a board is formed called the 
' ' County Board of Review, ' ' composed of the County Asses- 
sor, County Clerk, County Treasurer, and two landowners 
(called "Freeholders") of the county. All these reports are 
laid before this Board, which meets in the County Auditor's 
office. Notice of the time it meets is given in a newspaper of 
the county. If any one objects to the amount of the ap- 
praisement of his property, he may appear before the Board 
of Review and make his objection. So if he is assessed with 
property he did not own on the first day of April, he may 
object. The Board has full power to lower the valuation or 
appraisement of property; and if it thinks it is not high 
enough, to increase it. If it finds that any property has been 
omitted, it may put such property on the assessment list and 
appraise it. It is the duty of the County Assessor to search 
out such omitted property, and to ascertain if property has 
been properly appraised, to place this omitted property on 
the books for taxation, and to make corrections in valuations 
or appraisements. The Board of Review may also examine 
and see if the property in one township has been appraised, 
according to its value or worth, as high as in another town- 
ship; and if it has not, then it may raise the appraisement of 
all the property in that township, so that property in the two 



TAXES. 173 

townships will be placed on an equality. It may equalize 
the valuation in all the townships of the county; and because 
of this fact it was formerly called, and is often now, the 
' ' Board of Equalization. ' ' The Board of Review can only 
serve twenty days in the year, except every fourth year, when 
real estate is assessed, and then only thirty days. 

8. County Auditor's Duty to Board of Review. 

Not only must the County Auditor serve as a member 
of the Board of Review, but he must keep full and accurate 
minutes of all its proceedings. After it has completed its 
work he must make up a list of the number of acres in each 
township and its assessed value, and also the assessed value 
of all personal property in each township. To this list he adds 
the number of miles of railroad track and side-track or 
switches within the county, and what company owns it. After 
having made out this list and adding a certificate to it that it 
is correct, he sends it to the Auditor of State. 

9. State Board of Tax Commissioners. 

When the State Auditor has received all these certificates 
from the county Auditors, he lays them before the ' i State 
Board of Tax Commissioners. ' ' This Board is composed of 
the Governor, Secretary of State, State Auditor and two per- 
sons appointed by the Governor. These two persons are 
usually called the "Tax Commissioners." They serve four 
years and receive a salary of two thousand dollars a year.' 
The three State officers do not receive any extra salary for 
serving on this Board. This Board meets on the second Mon- 
day of July in each year, at the State Auditor's office. It has 
many duties to perform. It prescribes all forms of books and 
blanks to be used in the assessment and collection of taxes. 



174 THE GOVERNMENT OF INDIANA. 

It instructs all officers in relation to their duties concerning 
taxes whenever requested by them. It must see that all 
assessments are made according to law, and that all taxes due 
the State are collected. It may examine books, papers and 
accounts of private persons, in order to secure information to 
carry out the provisions of the tax laws; and to obtain such 
information it may examine witnesses. It also equalizes the 
valuation of property among the several counties of the State; 
just as the County Board of Reviewers can do among the 
townships. If any one is not satisfied with the action of 
a County Board concerning the assessment of his property 
he may bring the matter up before the State Board and ask 
to have the question reviewed. This State Board also assesses 
all railroad, telegraph and telephone property, and the prop- 
erty of companies engaged in carrying freight or passengers 
from one county to another or through the State. It cannot 
sit longer than forty days in one year, except every fourth 
year, when it may sit five days longer. A record of the pro- 
ceedings of tha Board is kept and published. After the State 
Board has completed its work the State Auditor reports the 
result to each County Auditor in the State, and this report 
forms the valuation of the property to be assessed. 

10. County Auditor'' s Duties — Tax Duplicates. 

After he has received the certificate of changes made by 
the State Board of Tax Commissioners from the State Auditor, 
the County Auditor makes out an alphabetical list for each 
township of all persons assessed for taxes, and opposite each 
name gives a short description of his real estate, its value as 
appraised, the value of the improvements on it, and the value 
of each person's personal property. This list is written out 
at length in a large book. The amount of each particular tax 



TAXES. 175 

levied on each person's property is also stated in this book, 
together with his poll-tax. The several amounts each person 
has to pay is then added up, and divided into two nearly 
equal parts. These parts are called ' ' Instalments ' ' Books 
properly ruled and marked are furnished him for this pur- 
pose. He makes out two sets of these books, the one exactly 
like the other, and for this reason they are called ' ' Tax Du- 
plicates," because one is a duplicate of the other. These 
duplicates are made out every year, and must be delivered to 
the County Treasurer by the last day of December. It is 
impossible to pay any tax before this is done. Consequently, 
the tax for the year 1899 cannot be known until the year 
1900. No tax can be paid until the County Treasurer receives 
his tax duplicate. After January first any one can pay his 
taxes for the preceding year. To pay his tax the taxpayer goes 
to the County Treasurer's office and informs the Treasurer of 
his intention to pay. The Treasurer makes out a receipt for 
the amount paid, describing the land it is paid on, the amount 
paid, and makes a note of the payment on the tax duplicate. 
The taxpayer is not compelled to pay all his taxes for any one 
year at one time. Thus at any time before the first Monday 
in May he may pay the May instalment, and then pay the 
November instalment at any time before the first Monday in 
November. But if he does not pay the May instalment be- 
fore the first Monday in that month, then both it and the 
November instalments are at once due, and the taxpayer no 
longer has his option to pay only one of the instalments. 
The tax is then said to be "delinquent," and ten per cent, of 
the amount of the May instalment is added to it at once; if 
all the taxes are not paid by the first Monday in November 
then ten per cent, of the November instalment is added also; 
and in addition to all this six per cent, interest on the whole 



176 THE GOVERNMENT OF INDIANA. 

amount until paid. This is to induce people to pay their 
taxes promptly. 

11. Delinquent Taxes — Sale of Real Estate. 

If a taxpayer permits his taxes to become delinquent, his 
personal property may be taken by the County Treasurer and 
sold to pay the taxes due both on such personal property and 
on his real estate. The property is sold at public auction, 
after notice given of the time and place of sale. It is sold to 
the highest bidder for cash. If the taxes cannot be made in 
this way, then the land on which taxes are delinquent may 
be sold after proper notice of the sale has been given in some 
newspaper of the county. This sale takes place on the sec- 
ond Monday of February of each year at the court-house 
door; and is continued from day to day until all the lands 
that are delinquent are offered for sale. The sale is not made 
to the highest bidder; but to the person who will take the least 
land and pay the taxes. The part thus sold is taken out of 
the northwest corner of the large tract, in a square form. If it 
is a town lot that is offered for sale, the part sold is a strip 
which extends from the street to the rear end of the lot. If 
a man has several tracts that have become delinquent, one 
tract may be sold to pay the taxes on all of the delinquent 
tracts. A record is made of these sales by the County Aud- 
itor, and a certificate of the sale given to the purchaser. The 
])erson who owns the land has two years in which he may re- 
deem the lands from this sale, by paying to the County Treas- 
urer the amount for which the lands sold, with a certain per- 
centage of the amount of the sale added as a penalty. If he 
redeems the land during the first six months, he does not have 
to pay so much as he will at any time after that; nor will he 
have to pay as much at the end of six months as he would if 



TAXES. 177 

he wait a year. It is thus to his advantage to redeem his 
lands during the first six months after their sale. At the 
end of two years, if the lands are not redeemed, the purchaser 
gets a deed for them, given him by the County Auditor; and 
the original owner has thus lost his lands if all the proceed- 
ings have been properly conducted. 

12. County Treasurer's Settlement. 

Twice every year the County Treasurer and Auditor have 
a settlement. The Treasurer must account for all the taxes 
he has collected and must also state what taxes he has not 
collected. After each of these settlements, in June and Jan- 
uary, the County Treasurer must pay over to the State Treas- 
urer the State's portion of these taxes. 



CHAPTER XXX. 

I.— COURTS. 

1. A Necessity. 

Courts are necessary to every civilized country. Men 
will commit crimes by violating the criminal laws of the State; 
and these the courts must try to punish. So men often dif- 
fer about their contracts and what they mean, and then the 
courts must decide the difference between them. So when a 
man will not pay a debt he owes, the person to whom it is due 
may sue him. If a man is attempting to destroy another's 
property, the courts may issue an order to stop the destruc- 
tion; and if one man takes another's property, the courts 
may issue an order to an officer to go and take it and deliver 
it over to the owner. So if an officer refuses to perform his 
duties, the courts may issue an order to compel him to per- 
form them. Men often honestly differ as to what a statute, 
or law, means, and then they, by suit, obtain from the courts 
an opinion or decision as to its meaning. For these, and 
many other reasons, there must be courts to preserve order 
and to enforce the laws. Courts belong to the third great 
division of the State, called the ' ' Judicial Department. ' ' 

2. Justice of the Peace. 

A Justice of the Peace is elected by the voters of a town- 
ship, and he is an officer of that township. He holds the least 
or lowest court known to the law. There is at least one such 
officer in every township, and there may be three, just as the 
Board of County Commissioners direct. If there be an in- 



COURTS. 179 

corporated town in the township, the Board must order one 
for this town ; and if there be a city they may order two 
elected for the city. A Justice must always reside in the 
township for which he is elected; if he move out of it he va- 
cates or abandons his office. A Justice is elected for four 
years at the Fall elections. He must give a bond of at least 
two thousand dollars. Any voter can be elected a Justice, 
and usually men unlearned in the law are elected. A suit 
for more than two hundred dollars cannot be brought before a 
Justice of the Peace, nor one for slander or libel or where 
the right to real estate is concerned. The person sued must 
usually live in the township, unless it be a criminal case, 
where the Justice lives before whom the suit is begun. The 
Justice has books in which he keeps a record of his proceed- 
ings, and these are called his "Dockets." He is paid by fees 
for the services he performs. 

3. Constables. 

For every Justice of the Peace there is elected a ' ' Con- 
stable. ' ' He serves four years. His duties are to obey the 
orders given him by a Justice, and preserve the peace in his 
township. If he sees a man commit a crime he may arrest 
him at any place within the county. So he may also arrest 
any man whom he suspects has committed the crime of mur- 
der or any grave or serious offense. When the Justice is 
holding court he must attend and preserve order in and 
about the court-room. He is paid fees for the services he 
performs. 

Jf. Mayor's and City Courts. 

Every Mayor, unless it be in Evans ville and Indianapolis, 
can and does hold a court. He can try cases that a Justice of 



180 THE GOVERNMENT OF INDIANA. 

the Peace can try, and in addition to this can try all persons 
violating the ordinances of the city. He is governed by the 
same rules and regulations applicable to a Justice, and keeps 
a record, like him, of his proceedings. The City Marshal 
serves him as a constable. In cities of five thousand inhab- 
itants, courts, called ' ' City Courts, ' ' if the Common Council 
see fit to order the election of Judges for them, are estab- 
lished. They take the place of the Mayors' courts, having, 
however, greater powers than those courts have. In Evansville 
and Indianapolis are police courts, one for each of those cities, 
which take the place of the Mayor's and city courts ; no suit, 
however, can be brought before these police courts except in 
criminal cases and for violation of city ordinances. 

5. Circuit Courts. 

In every county is a court called a " Circuit Court." It 
has a Judge who is elected every six years. Sometimes this 
Judge is elected by the voters of the county in which he re- 
sides, and sometimes by the voters of two or even three coun- 
ties, because two or three counties sometimes make a circuit. 
This Judge holds the Circuit Court for all the counties which 
elect him. There are now fifty-five of these circuits in the 
State, but the number is subject to change. He receives a 
salary for his services which can never be diminished during 
the term for which he is elected. Suits in any amount can 
be brought in the Circuit Court, and for any purpose permit- 
ted by law. Men who have committed any kind of an 
offense may be tried in this court. Whenever a person dies 
leaving any property it is called his "estate," and it is 
settled up through this court. In it all wills left by deceased 
persons are filed for record. The court has large books called 
"Order Books," in which a record is kept of all its proceed- 



COURTS. 181 

ings. The County Clerk must keep these records and issue 
all orders directed by the court. The sheriff must also attend 
this court to preserve order and obey the directions of the 
Judge. 

6. Superior Courts. 

In some counties, where there is too much business for the 
Circuit Courts the Legislature has created courts called ' ' Supe- 
rior Courts. ' ' They are superior to courts of Justices of the 
Peace, but not to the Circuit Courts. They cannot try crim- 
inals ; and they have nothing to do with the settlement of 
the estates of deceased persons. In nearly all other respects 
they are like the Circuit Courts. Only a few counties have 
these Superior Courts, viz : Vanderburgh, Vigo and Allen 
counties have each one such court ; Marion county has one 
but three Judges for it; Howard and Grant counties together 
have one, and Lake and Valparaiso counties together also 
have one. The Judges of these courts are elected every four 
years. These courts can be abolished or done away with by 
the Legislature; but the Circuit Courts cannot be abolished. 

7. Criminal Courts. 

In Marion county is a court known as the "Crimi- 
nal Court," which tries nothing but persons charged with 
having committed crimes. The Circuit Court for this county 
does not try such persons, like the Circuit Courts of all the 
other counties do. 

8. Supreme Court. 

There is one Supreme Court in the State, and it holds its 
sessions at the city of Indianapolis Rooms are set apart for 



182 THE GOVERNMENT OF INDIANA. 

it and for the use of the Judges on the second floor of the 
State-House. It has a large court-room and a room where the 
judges hold secret sessions when consulting about the cases 
before them; this last room is called the "Consultation 
Room. ' ' Each Judge also has a room in which he works, and 
another for a bed-chamber. Pesides this, the court has also 
a large library room in which are kept many thousands of 
law books for the use of the Judges and the lawyers of the 
State. This court has five Judges, who serve six years; 
and such Judges receive a yearly salary of forty-five hundred 
dollars. They also have a Clerk, elected every four years by 
the voters of the State, who keeps a record of the court's pro- 
ceedings. He is called the "Clerk of the Supreme Court," 
and he receives a salary of. five thousand dollars a year. He 
also has assistants paid by the State. The court also has an 
officer called the ' ' Sheriff of the Supreme Court. ' ' He is ap- 
pointed by the court and serves as long as it sees fit to retain 
him. He receives only five hundred dollars a year and a few 
fees. This is a court for the entire State. 



9. Appellate Court. 

At Indianapolis is also another court for the entire State, 
called the ' 'Appellate Court, " It is very much like the Su- 
preme Court, being, however, more restricted in its powers 
than that court, It has five Judges, elected every four years, 
who receive three thousand seven hundred and fifty dollars a 
year. It has the same Sheriff and Clerk the Supreme Court 
has. It is situated on the third floor of the State-House, 
and has rooms similar to those of the Supreme Court. The 
Judges of this court also have apartments like those of the 
Judges of the Supreme Court. 



COURTS. 183 

10. Trials in the Supreme and Appellate Courts. 

Trials are not conducted in the Supreme and Appellate 
Courts like they are in the Circuit and Superior Courts. 
There is no jury in these courts; nor are persons called and 
examined as witnesses. These are only courts to examine 
and see if the Circuit or Superior Courts have made a mistake 
in the trial of a case. All the proceedings in a case tried in 
the Circuit or Superior Court are written out at length, and 
certified by the Clerk of that court as correct. This is called 
a "transcript;" and it is filed in the Clerk's office of the 
Supreme or Appellate Court. Some of these transcripts or 
cases go to the Appellate and some to the Supreme Court. 
To whichever court they may go, the Judges of that court 
take these written statements of the proceedings and examine 
them to see if the lower court has made a mistake. If they 
find it has made a mistake they send the case back, or " re- 
verse ' ' it, to the court whence it came, and order the court 
to try it over. If they find no mistake has been made, or 
one that is not serious, they "affirm" the case; and that is 
the end of it. In cases in these courts lawyers appear and 
present written arguments, called c c Briefs ; ' ' and they very 
often make c l oral ' ' arguments before the Judges. All the 
Judges try the case, and if they differ in opinion, then the 
majority controls. In every case they must write out at 
length their opinions, and give the reasons for their decisions. 
Usually only one opinion is written out in a case; but sometimes 
all of them write opinions. When consulting about a case the 
Judges retire to a room called the ' ' Consultation Room, ' ' and 
no one else is allowed in this room while the Judges are there 
in session. When they have written out their opinions they 
file them with the Clerk of the court. All courts in the 
State are bound to follow the decisions of the Supreme Court; 



184 THE GOVERNMENT OF INDIANA. 

but of the Appellate Court only in the particular case they are 
ordered, although its decisions are usually followed in other 
courts. These opinions are always published by an officer 
called the " Supreme Court Reporter," in a set of books pub- 
lished by the State, called "Indiana Supreme" or "Appellate 
Court Reports. ' ' This officer is elected every four years by the 
voters of the State, and receives four thousand dollars a year. 
The publication of these decisions is of a great benefit to the 
people; for by reading them they can learn what is the law, 
and which way the courts would decide if a like or similar 
case was to be tried. These decisions are also guides for the 
many courts of the State. 

11. Prosecuting Attorney. 

Every Judicial circuit in the State has an officer called 
the "Prosecuting Attorney." There are just as many pros- 
ecuting attorneys in the State as there are Judges of the 
Circuit Courts, or fifty-five. The Prosecuting Attorney is 
always a lawyer. He is elected every two years by the voters 
of the circuit in which he resides, and receives five hundred 
dollars a year salary and certain fees. It is his duty to pros- 
ecute all persons who have committed crimes in his circuit 
of which he is informed. 

12, Attorney s-at-Law. 

To assist the court in the trial of cases, and to bring out 
the facts of the transaction being investigated, is the duty of 
an attorney-at-law, or a "lawyer," as he is frequently called. 
Any person twenty-one years of age, and who is of good 
moral character, can become an attorney-at-law and be per- 
mitted by the court to practice law. In this State, women 
may become attorneys-at-law. 



COURTS. 185 

IS. Who may be elected Judge. 

Any voter residing in the township may be elected Jus- 
tice of the Peace of his township. Any voter residing in the 
circuit may be elected Judge of the court of that circuit. 
Any voter residing in the county may be elected Judge of the 
Superior Court of the county, if it has one. Any voter in the 
State may be elected Judge of the Appellate or Supreme 
Court. He need not be an attorney-at-law. A woman, how- 
ever, cannot be elected either a Justice of the Peace or a Judge. 
A person who has been elected Justice of the Peace, cannot, 
however, be elected to any other office, except that of a Jus- 
tice of the Peace or Judge, during the time for which he was 
elected, whether he has resigned his office as Justice or not. 
So the same is true of a person elected Judge of a court. 
During the time for which he was elected, he may be elected 
Judge of another court, even though he has not yet resigned, 
but he cannot be elected to any other kind of an office. 

II. 

lJf. Legal Terms or Names. 

There are certain legal terms or names that are so fre- 
quently used in the law that every person should know their 
meaning, and have some definite notion what is meant when 
he sees or hears them used. Some of these are described 
below. 

15. Complaint — Plain tiff — Defendant. 

Whenever one person owes another and will not pay ; or 
when he or his property has been injured by another, such 
person may, in writing, state to a court that fact and ask that 
he be given a judgment for the recovery of the indebtedness 



186 THE GOVERNMENT OF INDIANA. 

or for the damage caused by the injury. This statement he 
makes in writing, and this writing is called a ' ' Complaint. ' ' 
Sometimes a complaint is very short, and at other times very 
long, all depending on the statement of facts contained in it. 
The person thus complaining is called the ' ' Plaintiff, ' ' and 
the person of whom he complains is called the ' ' Defendant. ' ' 
The plaintiff files or leaves his complaint with a Justice of 
the Peace or Clerk of the Court, as the case may be. Some- 
times the complaint is divided up into sections, called "Para- 
graphs, ' ' and each of them numbered. 

16. Summons. 

It would be manifestly unfair if a plaintiff could go on 
and try the case without giving the defendant notice of 
the trial. So when the complaint is filed before the Justice, 
or before the Clerk, as the case may be, the Justice on the 
one hand and the Clerk on the other, writes out a notice, in- 
forming the defendant of the filing of the complaint, the 
amount the plaintiff claims is due him or he has been dam- 
aged, and stating the time the case is set for trial. This 
notice he signs, and if signed by the Clerk he sets opposite 
his signature or name the seal of the court. This written 
notice is called a "Summons." The Justice gives his sum- 
mons to a constable, and the Clerk his to the sheriff of the 
county. The constable or the sheriff, as the case may be, 
takes the summons and reads it to the person sued — the de- 
fendant — and if he cannot find him, leaves a copy at his res- 
idence. On the back of the summons he then writes out 
what he has done and when he did it, and signs the statement. 
This is called the officer's ' ' Keturn. ' ' The act of reading the 
summons or leaving a copy of it at the residence is called the 
"Service of a Summons." 



COURTS. 187 

17. Demurrer. 

The defendant must appear in court by the time the case 
is set for trial, as named in the summons * and he may then 
say in effect : "It may be all true what the plaintiff says 
in his complaint, but still I do not think he has made such a 
statement as shows I owe him anything, or that I am liable 
for the injury he has sustained. ' ' This is put in writings 
and is called a "Demurrer." If the Judge of the court 
thinks differently he says so, in effect, and makes a record of 
his action. This is called "Overruling the Demurrer. " But 
if he thinks the defendant is right, he, in effect, says so. This 
is called "Sustaining the Demurrer." If the demurrer is 
sustained the plaintiff may file a new complaint; and if he 
does not do this, there is an end of the case. The defendant, 
however, is not bound to file a demurrer, and often does 
not, 

18. Answer. 

If the court overrules the demurrer, or if one has not been 
filed, the defendant must then state his defense, if he has one. 
This statement he puts in writing and files with the court; and 
it is called an ' ' Answer." This answer may and usually does 
have several paragraphs, for the defendant may have more 
than one defense to the complaint, and if he does he must 
state them in different paragraphs. Just as the defendant has 
said of the complaint, so the plaintiff may say of the answer, 
that it does not contain a sufficient statement of facts to make 
a defense. This is done by a demurrer to the answer, very 
much like a demurrer to the complaint, If the court thinks 
the answer is not sufficient, the defendant must then file a new 
one. 



188 THE GOVERNMENT OF INDIANA. 

19. Reply. 

It very often happens that the defendant has not stated 
all the facts about his defense; and when this is true, the 
plaintiff may state them in a writing called a l ' Reply. ' ' The 
defendant may file a demurrer to this just as well as to the 
complaint. If the demurrer be sustained, the plaintiff may 
file a new reply; if it be overruled, then it remains. This is 
the end of filing these kinds of papers. 



20. 

This complaint, answer, reply and these demurrers are 
called ' ' Pleadings. ' ' Often you will hear people say that a 
lawyer is " pleading" before the court or jury, when they 
should say he is making an ' { argument' ' before the court or 
jury. The word "pleading" always refers to the written pa- 
pers in a case; and never to the arguments or addresses the 
lawyer makes or delivers before either the court or jury. 

21. Indictment — Information — Affidavit. 

Whenever the State complains of an individual, and 
charges him with having committed an offense, the instru- 
ment in which this charge is made is called an ' i Indictment. ' ' 
This indictment is drawn up by the grand jury; and it is the 
State's complaint. Sometimes the State's complaint is only 
a statement sworn to by some person who knows the facts 
stated in it; and when this is true it is called an "Informa- 
tion" if filed in the Circuit or Criminal Court, and if in 
the Police or Mayor's Court or before a justice of the peace, 
an "Affidavit." 

22. Warrant. 

Whenever an indictment, information or affidavit is filed 



COURTS. 189 

with the judge of the court, an order for the arrest of the de- 
fendant or person charged with the crime is issued at once. This 
is called a ' ' Warrant. ' ' When the affidavit is filed before a 
Justice of the Peace, or before the Police Judge or Mayor, 
that officer issues the warrant; if filed in the Circuit or Crim- 
inal Court, or if it is an indictment on information, the judge 
of the court orders the clerk of the court to issue the warrant. 
A constable receives the warrant issued by a justice; and usu- 
ally the city marshal the one issued by the Police Judge or 
Mayor; but the sheriff receives the one issued by the clerk of 
the court. This warrant is an order to the officer to arrest 
at once the person named in it; and this he must forthwith do, 
and bring him before the court issuing the warrant for its dis- 
posal of him. 

28. Subpoena — Witness — Testimony. 

In the trial of a case there must be witnesses; but persons 
would not always come into court and testify if they were 
only requested to do so. So upon request the court will issue 
an order commanding the persons named in it to come into 
the court on a day and hour named to testify. This order is 
called a "Subpoena;" and it is served upon the persons named 
in it the same as a summons. The persons thus ordered to 
appear are called ' ' Witnesses. ' ' Their statements under oath 
made in court is called ' ' Testimony, ' ' and sometimes ' ' Evi- 
dence. ' ' 

2 If. Verdict. 

Whenever a jury tries a case they state their conclusions, 
as shown by the evidence, in writing, signed by one of their 
number, called the "Foreman." This writing is called a 
"Verdict." It usually only consists of a few words, stating 



190 THE GOVERNMENT OF INDIANA. 

whether they think the plaintiff or defendant ought to win 
the case or suit. If it is in favor of the plaintiff, it usually 
states how much he is entitled to receive from the defendant. 
The following are short forms, without the foreman's signa- 
ture: ' ' We, the jury, find for the plaintiff, and assess his dam- 
ages at one hundred dollars;" or, "We, the jury, find for the 
defendant. ' ' 

25. New Trial 

If the person who is defeated at the trial of the case is 
not satisfied with the result, he may ask the Judge of the 
court to give him another or ' l new trial. ' ' If the Judge 
thinks he ought not to have it, he says so, or l ' overrules ' ' 
the motion, as it is called ; but if he thinks he ought to have 
it, he ' l sustains ' ' the motion, and gives him a new trial. 
Then the case is tried again, just as if no trial had ever taken 
place. 

26. Judgment — Decree. 

If no new trial be given, the court then enters an order 
that the defendant is indebted to the plaintiff for so much 
money. Or, if the suit is to prevent the defendant from 
doing some injury to the plaintiff's property, the order is 
that he be prohibited from doing it. These orders are of many 
kinds, and they are called ' ' Judgments, ' ' and sometimes 
' c Decrees. ' ' They are entered in the order-book of the court, 
or, if the suit is before the Mayor or a Justice, in his "docket," 
which is the book in which he keeps a record of his proceed- 
ings. If the court forbid the defendant doing some act, and 
he then does it, he will' be liable to be punished by the court; 
and the court will in all likelihood do so. 



COURTS. 191 

27. Execution. 

When the judgment has been entered in the proper 
book and signed by the Judge or Justice, and it is to the 
effect that the defendant owes the plaintiff a certain sum of 
money, the defendant may be compelled to pay the money, 
by an order issued by the Clerk of the court to the sheriff, or 
by the Justice to a constable, commanding him to collect the 
amount of money from the defendant. This is called an 
' ' Execution. ' ' If the defendant will not pay the amount 
named in the execution, the sheriff or constable may then 
sieze his property, if he have any, and sell enough of it at 
public auction to pay the judgment. 

28. Costs. 

In the trial of every case, there are necessarily expenses 
to be paid. The Clerk of the court or the Justice has his 
fees for services rendered or duties performed ; and so has the 
sheriff and constable. Then the witnesses must be paid and 
so on. The person who loses the case must pay all the costs 
made in such case ; and these may be collected of him by an 
execution, called a "fee bill. ' ' Sometimes the costs are more 
than the amount in dispute. 

29. Jury. 

A jury is a body of men selected to try a case. Women 
cannot serve on the jury. There are always twelve of these 
men ; but in civil cases there may be a less number, not, 
however, less than three. The jury hear the witnesses and 
hear the argument of the attorneys ; and then the court tells 
them what the law is as applicable to the facts proven by the 
evidence. After this the members of the jury retire to a 
room by themselves and decide what shall be their verdict. 



192 THE GOVERNMENT OF INDIANA. 

If they cannot agree, after having discussed the evidence, 
they so inform the Judge ; and he, if satisfied they will not 
agree, discharges them, and the case must then be tried over, 
just as if a new trial had been granted. If there is no jury, 
the court makes the verdict, only it is called the court's 
"Finding." There are juries in trials before Justices of the 
Peace, each usually having only six members ; unless it be 
in criminal cases when there must be twelve. A member of 
a jury is called a "Juror." He receives two dollars a day 
for his services ; but before a Justice of the peace, only one 
dollar a day. The jurors always name one of their number 
as ' ' Foreman, ' ' who alone signs the verdict. 

30. Grand Jury. 

There is another jury, called a "Grand Jury," that be- 
longs only to the Circuit or a Criminal Court. In early times 
it had twenty-three members ; and the word ' ' grand ' ' was 
used to distinguish it from the other jury, which lawyers 
sometimes called the "petit" (petty) jury. In this State 
now, the grand jury has only six members. It is its duty to 
investigate and see if any person has committed a crime in 
the county ; and if he has, to draw up an indictment stating 
what the crime is and when committed. Upon this indict- 
ment or charge, the accused is tried. The jurors receive two 
dollars a day. This jury also has a Foreman, who writes his 
name on the back of each indictment under the words ■ ' A 
true Bill." This is to show that the jury approves the 
indictment. 



CHAPTER XXXI. 
MISCELLANEOUS. 

1. Soldiers' State Monument. 

At the City of Indianapolis, in the center of what was 
formerly called "Governor's Circle," or "Circle Park," now 
called "Monument Place," is situated a noble monument, 
built by a grateful State, to perpetuate the memory and deeds 
of valor of the Soldiers and Sailors of this State, who went to 
the defense of our country when it was assailed by foes. 
There is no more beautiful monument of this size in the 
world ; and it is a lasting pride to the people of the State. 
The total height of this beautiful structure is 284 feet and six 
inches above the street level. The foundation extends thirty 
feet below the surface of the ground. A statue of ' ' Victory ' ' 
made of bronze, grasping a sword, thirty-eight feet in height 
crowns this monument. Groups, carved in stone, represent- 
ing "Peace" and "War," are on the east and west sides. 
Above these groups are bronze ornaments, called "Astragals," 
encircling the shaft, emblematic of the Army and Navy. On 
the east and west sides are beautiful cascades. An elevator in 
the monument carries persons to the foot of the statue. This 
elevator and the cascades are run by means of machinery 
in the basement of the monument. 

On the south face or side of the monument are chiseled 
these words: 

-13 



194 THE GOVERNMENT OF INDIANA. 

TO INDIANA'S SILENT VICTORS: 

War for the Union: 

1861-1865. 

Indiana Volunteers. 

126 Regiments Infantry 175,772 

13 Regiments Cavalry 21,605 

1 Regiment Artillery 3,839 

26 Companies Artillery 7,151 

Navy 2,130 

Total 210,497 

Killed and Died, Land Forces. 
24,415. 

On the north side is this inscription: 

to Indiana's silent victors: 

War With Mexico: 

1846-1847-1848. 

Indiana Regiments, Nos. 1, 2, 3, 4, 5. 

4,585 men. 

Indian and British War: 
1811-1812. 

Battle of Tippecanoe: 
Indians Defeated, November 7, 1811. 

War of the Revolution: 

Capture of Vincennes from the British, 

February 25, 1779, 



MISCELLANEOUS. 195 

The construction of this monument was authorized by a 
law of 1887; and ten years have been consumed in complet- 
ing it. The State has given over $300,000 for it; and the 
Grand Army of the Kepublic over $21,000. It is controlled 
by a " Board of Regents," having three members, one of 
whom is its President and Superintendent. The President 
receives fifteen hundred dollars a year for his services; but 
the other two members serve without compensation. 

2. Board of Medical Registration. 

The Governor appoints five persons who constitute the 
1 ' State Board of Medical Registration and Examination. ' ' This 
Board grants certificates which entitles the holders to practice 
medicine in this State. They hold their offices four years. 

3. State Board of Dentistry Examiners. 

This Board consists of five reputable practicing dentists, 
one appointed by the Governor, one by the State Board of 
Health, and three by the Indiana State Dental Association 
every two years. They grant licenses to applicants to prac- 
tice dentistry. 

Jf. Labor Commissioners. 

Every two years the Governor appoints two persons who 
compose the Labor Commission. The Senate must approve 
these appointments. One of these persons represents the in- 
terest of labor, the other the interest of capital. In case of 
labor controversies, it is their duty to bring about an under- 
standing among and an agreement between those persons dis- 
agreeing so as to prevent any further difficulties. If they fail 
in this, they must endeavor to induce such persons to submit 
to them their differences for arbitration. If such persons 



196 THE GOVERNMENT OF INDIANA. 

agree to this, then the Judge of the Circuit Court of the 
county in which the controversy arises, becomes one of the 
arbitrators. 

5. Factory Inspector. 

Every two years the Governor appoints a factory inspector, 
at a salary of fifteen hundred dollars a year. He must see 
that the laws with respect to the employment of children and 
women in manufacturing establishments are enforced. He 
also has the right to inspect factories, and see that they are 
constructed according to law. 

6. State Board of Agriculture. 

The State Board of Agriculture is composed of sixteen 
members, who select their own successors. It has quarters 
in the State-House — one room set aside to it being called the 
"Agricultural Room." It is a private association, but not- 
withstanding this fact, it receives the large sum of ten thou- 
sand dollars a year from the State. Once a year it holds a 
State Fair in its beautiful grounds, north of the City of Indi- 
anapolis. 

7. Congressional Surveys. 

Before ever Indiana became a State, Congress provided a 
method for surveying all the Northwest Territory. It was by 
this means that our counties were kept with square corners 
and lines running due north and south, and east and west. 
In the older States, where this method was not pursued, the 
counties are very irregular in shape; this is especially true of 
Kentucky. So the farms in those States are very irregular in 
shape, not with straight lines and square corners as they are 
in this State. In 1785 Congress provided that a line should 



MISCELLANEOUS. 197 

be run through where Ohio, Indiana and Illinois now are. 
This is called a "Base Line." It is, however, a disjointed 
line, not all of it being the same distance from the north 
boundary line of the State, although all parts of it run due 
east and west. Part of Indiana lies south and part north of 
this base line. Congress also provided that lines should be 
run north and south, crossing this base line. One of these 
lines now runs due north and through the center of this State. 
It is called a "Principal Meridian Line;" and it cuts the 
State into nearly two equal halves. The State was then di- 
vided into squares, each six miles square, by running lines 
parallel with the principal meridian line, north and south ev- 
ery six miles, called ' ' Range Lines;' ' and also by running lines 
east and west every six miles, parallel with the base line, 
called "Township Lines." The effect of this surveying was 
to make these squares, called ' ' Townships, ' ' and which are 
known, as we have seen in the chapters on counties and edu- 
cation, as "Congressional Townships." The townships are 
numbered north and south from this base line; and the 
"ranges" east and west from the principal meridian line, in 
this manner: 



198 



THE GOVERNMENT OF INDIANA. 



P. 











4 










A 






3 
















2 








IV 


III 


II 


I 


1 
I 


II 


III 


IV 










1 
















2 
















3 






B 










4 









M. 

P. M. is the Principal Meridian Line. B. L. is the Base Line. The figures are 
the township numbers ; and the Roman letters are the ranges. Thus the township 
in which is the letter "A" is township number three north, and range three west; 
and the one marked " B" is township number three south, and range four east. 



MISCELLANEOUS. 



199 



After having surveyed these township lines, a township 
was taken and surveyed into thirty-six squares, called " sec- 
tions. ' ' Each side of a section is a mile long ; it contains a 
square mile of land. These sections are numbered by be- 
ginning at the northeast corner of the township, and calling 
the section found there number "one," in this manner: 



6 


5 


i 

4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


School 

16 
Section. 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


3 j 



After a township has been cut up into sections, each sec- 
tion can then be cut up into quarters, eighths, sixteenths and 



200 



THE GOVERNMENT OF INDIANA. 



even into smaller parts. Each section has 640 acres, and is 
divided up, frequently, in this manner : 



N. W. y±. 160 acres. 


N. E. %. 160 acres. 


S. W. %. 160 acres. 


w. y 2 of s. e. %. 

80 acres. 


N. E. % of S. e. y±. 
40 acres 


02 • <^ 
\e» O 


n. e. y 

of S. E. 
10 acres. 


10 acres. 



In describing lands, letters and fractional numbers are 
often used, besides other abbreviations. Surveyors often do 
this; and this method is used by County Auditors in making 
up the tax duplicates, and by County Treasurers in giving 
tax receipts. Suppose the land you thus desire to divide 
lay in a township that was ten townships north of the Base 
Line, and four townships east the Principal Meridian Line. 



MISCELLANEOUS. 201 

It would then be called township number "ten north," and 
"range four east;" but a surveyor would abbreviate these 
words for brevity and convenience, thus: T. 10 N. R. 4 E. 
With this description any one could find the township. If 
the land you desired to describe was the Northeast quarter of 
section Sixteen, the abbreviation would be N. E. J- S. 16. So 
that the whole description would be N. E. £ S. 16. T. 10 N. 
R. 4 E., which would read "the northeast quarter of section 
16, in Township 10 North, Range 4 East." Usually the 
name of the county is added, for convenience, in which the 
land lies, although this is not necessary. The smallest divi- 
sion in the last diagram can be described by abbreviations in 
this way: "N. E. J S. E. J S. E. J S. 16 T. 10 N. R 4 E.," 
10 acres. The corners of the sections are always marked by 
stones, called ' ' Corner Stones, ' ' and it is a crime to move 
one of these stones, unless it be done by the county surveyor 
when making an official survey, and then only to put it in 
the proper place. The corner of each quarter section is also 
marked by corner stones, and also frequently the halves. 
Lands around Jeffersonville known as "Clark's Grant," and 
around Vincennes, known as ' ' The French Grant, ' ' are not 
surveyed in this way. "Clark's Grant" was given to the 
men who captured Vincennes by the State of Virginia, and 
was surveyed under an early law of that State. l ' The 
French Grant ' ' was surveyed under laws of France before 
the year 1763. 



APPENDIX A. 



CONSTITUTION OF STATE OF INDIANA. 

1851. 



ART. 

1. Bill of Rights. 

2. Suffrage and Elections. 

3. Distribution of Poivers. 

4. Legislative. 

5. Executive. 

6. Administrative. 

7. Judicial. 

8. Education. 



ART. 

9. State Institutions. 

10. Finance. 

11. Corporations. 

12. Militia 

13. Municipal debt. 

14. Boundaries. 

15. Miscellaneous. 

16. Amendments. 



Schedule. 
To the end that justice be established, public order maintained, and 
liberty perpetuated, we, the people of the State of Indiana, grate- 
ful to Almighty God for the free exercise of the right to choose our 
own form of government, do ordain this Constitution. 



APPENDIX A. 203 

ARTICLE 1— BILL OF RIGHTS. 

SEC. SEC. 

1. Natural rights. 20. Trial by jury inviolate in civil cases. 

2. Eight to worship. 21. Compensation for services. 

3. Freedom of thought. 22. Exemption — No imprisonment for 

4. No preference to any creed. debt. 

5. No religious test. 23. Privileges equal. 

6. No money for religious institutions. 24. No ex post facto law. 

7. Competency of witness. 25. Taking effect of laws. 

8. Oath, how administered. 26. Suspension of laws. 

9. Free speech and writing. 27. Suspension of habeas corpus. 

10. The truth in libel. 28. Treason. 

11. Unreasonable search or seizure. 29. Proof in treason. 

12. Courts shall be open. 30. Effect of conviction. 

13. Rights of accused. 31. Right to assemble, to instruct, and 

14. No person twice in jeopardy. to petition. 

15. Unnecessary rigor prohibited. 32. Right to bear arms. 

16. Excessive bail and punishment pro- 33. Military subject to civil power. 

hibited. 34. Restrictions upon soldiers. 

17. Offenses bailable. 35. No titles of nobility. 

18. Reformation the basis of Penal Code. 36. Emigration free. 

19. Jury in criminal cases determines 37. Slavery prohibited. 

law and fact. 

[1852, p. 3. In force November 1, 1851.] 

1. Natural rights. We declare that all men are created equal; 
that they are endowed by their Creator with certain unalienable 
rights ; that among these are life, liberty and the pursuit of happi- 
ness; that all power is inherent in the people: and that all free gov- 
ernments are, and of right ought to be, founded on their authority, 
and instituted for their peace, safety, and well-being. For the ad- 
vancement of these ends, the people have, at all times, an indefeasi- 
ble right to alter and reform their government. 

2. Right to worship. All men shall be secured in their nat- 
ural right to worship Almighty God according to the dictates of 
their own consciences. 

3. Freedom of thought. No law shall, in any case whatever, 
control the free exercise and enjoyment of religious opinions or in- 
terfere with the rights of conscience. 

4. No preference to any creed. No preference shall be 
given, by law, to any creed, religious society, or mode of worship; 
and no man shall be compelled to attend, erect, or support any place 
of worship, or to maintain any ministry, against his consent. 



204 APPENDIX A. 

5. No religious test. No religious test shall be required as a 
qualification for any office of trust or profit. 

6. No money for religious institutions. No money shall 
be drawn from the treasury for the benefit of any religious or theo- 
logical institution. 

7. Competency of witness. No person shall be rendered in- 
competent as a witness in consequence of his opinions on matters of 
religion. 

8. Oath, how administered. The mode of administering an 
oath or affirmation shall be such as may be most consistent with 
and binding upon the conscience of the person to whom such oath 
or affirmation may be administered. 

9. Free speech and writing. No law shall be passed re- 
straining the free interchange of thought and opinion, or restricting 
the right to speak, write, or print, freely, on any subject whatever; 
but for the abuse of that right every person shall be responsible. 

10. The truth in libel. In all prosecutions for libel, the 
truth of the matters alleged to be libelous may be given in justifi- 
cation. 

11. Unreasonable search or seizure. The right of the peo- 
ple to be secure, in their persons, houses, papers, and effects, against 
unreasonable search or seizure shall not be violated ; and no warrant 
shall issue, but upon probable cause, supported by oath or affirma- 
tion, and particularly describing the place to be searched and the 
person or thing to be seized. 

12. Courts shall be open. All courts shall be open; and 
every man, for injury done to him in his person, property, or repu- 
tation, shall have remedy by due course of law. Justice shall be ad- 
ministered freely, and without purchase ; completely, and without 
denial; speedily, and without delay. 

13. Rights of accused. In all criminal prosecutions the ac- 
cused shall have the right to a public trial by an impartial jury in 
the county in which the offense shall have been committed; to be 
heard by himself and counsel; to demand the nature and cause of 
the accusation against him, and to have a copy thereof; to meet the 
witnesses face to face; and to have compulsory process for obtaining 
witnesses in his favor. 



APPENDIX A. 205 

14. No person twice in jeopardy. No person shall be put 
in jeopardy twice for the same offense. No person, in any criminal 
prosecution, shall be compelled to testify against himself. 

15. Unnecessary rigor prohibited. No person arrested, or 
confined in jail, shall be treated with unnecessary rigor. 

16. Excessive bail and punishment prohibited. Excess- 
ive bail shall not be required. Excessive fines shall not be imposed. 
Cruel and unusual punishment shall not be inflicted. All penalties 
shall be proportioned to the nature of the offense. 

17. Offenses bailable. Offenses, other than murder and trea- 
son, shall be bailable by sufficient sureties. Murder or treason shall 
not be bailable when the proof is evident or the presumption strong. 

18. Reformation the basis of Penal Code. The Penal 
Code shall be founded on the principles of reformation and not of 
vindictive justice. 

19. Jury in criminal cases determines law and fact. 
In all criminal cases whatever, the jury shall have the right to de- 
termine the law and the facts. 

20. Trial by jury inviolate in civil cases. In all civil cases 
the right of trial by jury shall remain inviolate. 

21. Compensation for services. No man's particular ser- 
vices shall be demanded without just compensation. No man's prop- 
erty shall be taken by law without just compensation; nor, except 
in case of the State, without such compensation first assessed and 
tendered. 

22. Exemption— No imprisonment for debt. The privi- 
lege of the debtor to enjoy the necessary ^ comforts of life shall be 
recognize d by wholesome laws, exempting a reasonable amount of 
property from seizure or sale for the payment of any debt or liability 
hereafter contracted ; and there shall be no imprisonment for debt, 
except in case of fraud. 

23. Privileges equal. The general assembly shall not grant 
to any citizen, or class of citizens, privileges or immunities which, 
upon the same terms, shall not equally belong to all citizens. 

24. No ex post facto law. No ex post facto law, or law impair- 
ing the obligation of contracts, shall be passed. 



206 APPENDIX A. 

25. Taking- effect of laws. No law shall be passed, the taking 
effect of which shall be made to depend upon any authority, except 
as provided in this Constitution. 

26. Suspension of laws. The operation of the laws shall 
never be suspended, except by authority of the General Assembly. 

27. Suspension of habeas corpus. The privileges of the 
writ of habeas corpus shall not be suspended, except in case of rebel- 
lion or invasion, and then only if the public safety demand it. 

28. Treason. Treason against the State shall consist only in 
levying war against it, and in giving aid and comfort to its enemies. 

29. Proof in treason. No person shall be convicted of trea- 
son, except on the testimony of two witnesses to the same overt act, 
or upon his confession in open court. 

30. Effect of conviction. No conviction shall work corrup- 
tion of blood or forfeiture of estate. 

81. Right to assemble, to instruct, and to petition. No 
law shall restrain any of the inhabitants of the State from assem- 
bling together, in a peaceable manner, to consult for their common 
good; nor from instructing their Representatives; nor from apply- 
ing to the General Assembly for redress of grievances. 

32. flight to bear arms. The people shall have a right to 
bear arms for the defense of themselves and the State. 

33. Military subject to civil power. The military shall be 
kept in strict subordination to the civil power. 

34. Restrictions upon soldiers. No soldier shall, in time of 
peace, be quartered in any house without the consent of the owner; 
nor in time of war but in^, manner to be prescribed by law. 

35. No titles of nobility. The General Assembly shall not 
grant any title of nobility nor confer hereditary distinctions. 

36. Emigration free. Emigration from the State shall not be 
prohibited. 

37. Slavery prohibited. There shall be neither slavery nor 
involuntary servitude within the State, otherwise than for the pun- 
ishment of crimes, whereof the party shall have been duly con- 
victed. No indenture of any negro or mulatto, made and executed 
out of the bounds of the State, shall be valid within the State. 



APPDNDIX A. 207 

ARTICLE 2— SUFFRAGE AND ELECTIONS. 

SEC. SEC. 

S8. Elections free. 45. Effect of holding lucrative offices. 

39. Qualifications of electors. 46. Defaulters not eligible. 

40. Soldiers— Seamen— Marines 47. Pro tempore appointments. 

41. Residence. 48. Electors free from arrest. 

42. Bribery a disqualification for office. 49. Method of election. 

43. Challenge to duel. 50. Time of elections. 

44. Disfranchisement, 

[1852, p. 3. In force November 1, 1851.] 

38. Elections free. All elections shall be free and equal. 

[1881, p. 29. In force March 14, 1881.] 

39. Qualifications of electors. In all elections not other- 
wise provided for by this Constitution, every male citizen of the 
United States, of the age of twenty-one years and upwards, who 
shall have resided in the State during the six months, and in the 
township sixty days, and in the ward or precinct thirty days, imme- 
diately preceding such election, and every male of foreign birth, of 
the age of twenty-one years and upwards, who shall have resided in 
the United States one year, and shall have resided in this State dur- 
ing the six months, and in the township sixty days, and in the ward 
or precinct thirty days, immediately preceding such election, and 
shall have declared his intention to become a citizen of the United 
States, conformably to the Laws of the United States on the subject 
of naturalization, shall be entitled to vote in the township or pre- 
cinct where he may reside, if he shall have been duly registered 
according to law. [As amended March 14, 1881.] 

[1852, p. 3. In force November 1, 1851.] 

40. Soldiers— Seamen— Marines. No soldier, seaman, or 
marine, in the army or navy of the United States, or of their allies, 
shall be deemed to have acquired a residence in the State in conse- 
quence of having been stationed within the same; nor shall any 
such soldier, seaman, or marine have the right to vote. 

41. Residence. No person shall be deemed to have lost his 
residence by reason of his absence, either on business of this State 
or of the United States. 

[An old section, known as No. 5, was abrogated March 14, 1881. 
It was as follows: " No negro or mulatto shall have the right of suf- 
frage."] 



208 APPENDIX A. 

42. Bribery a disqualification for office. Every person 
shall be disqualified for holding office during the term for which he 
may have been elected, who shall have given or offered a bribe, 
threat or reward to secure his election. 

43. Challenge to duel. Every person who shall give or accept 
a challenge to fight a duel, or who shall knowingly carry to another 
person such challenge, or who shall agree to go out of the State to 
fight a duel, shall be ineligible to any office of trust or profit. 

44. Disfranchisement. The General Assembly have the 
power to deprive of the right of suffrage, and to render ineligible, 
any person convicted of an infamous crime. 

45. Effect of holding- lucrative offices. No person holding 
a lucrative office or appointment under the United States, or under 
this State, shall be eligible to a seat in the General Assembly; nor 
shall any person hold more than one lucrative office at the same time, 
except as by this Constitution epressly permitted : Provided, That 
officers in the militia to which there is attached no annual salary, 
and the office of Deputy Postmaster, where the compensation does 
not exceed ninety dollars per annum, shall not be deemed lucrative; 
And Provided, also, That counties containing less than one thousand 
polls may confer the office of Clerk, Recorder and Auditor, or any 
two of said offices, upon the same person. 

46. Defaulters not eligible. No person who may hereafter 
be a collector or holder of public moneys shall be eligible to any office 
of trust or profit until he shall have accounted for and paid over, 
according to law, all sums for which he may be liable. 

47. Pro tempore appointments. In all cases in which it is 
provided that an office shall not be filled by the same person more 
than a certain number of years continuously, an appointment pro 
tempore shall not reckoned a part of that term. 

48. Electors free from arrest. In all cases, except treason, 
felony and breach of the peace, electors shall be free from arrest in 
going to elections, during their attendance there, and in returning 
from the same. 

49. Method of election. All elections by the people shall be 
by ballot ; and all elections by the General Assembly, or by either 
branch thereof, shall be viva voce. 



APPENDIX A. 209 

[1881, p. 29. In force March 14, 1881.] 

50. Time of elections. All general elections shall be held on 
the first Tuesday after the first Monday in November ; but township 
elections maybe held at such time as maybe provided bylaw: 
Provided, That the general Assembly may provide by law for the 
election of all Judges of Courts of general and appellate jurisdiction 
by an election to be held for such officers only, at which time no 
other officers shall be voted for ; and shall also provide for the regis- 
tration of all persons entitled to vote. [As amended March 14, 1881.] 

ARTICLE 3— DISTRIBUTION OF POWERS. 
[1852, p. 3. In force November 1, 1851.] 

51. Three Departments. The powers of the Government are 
divided into three separate departments ; the Legislative, the Exec- 
utive, including the Administrative, and the Judicial, and no person 
charged with official duties under one of these departments shall ex- 
ercise any of the functions of another, except as in this Constitution 
expressly provided. 

ARTICLE 4— LEGISLATIVE. 



SEC. 


SEC. 


52. The General Assembly. 


67. Powers of each House. 


53. Number. 


63. Bills. 


54. Term of office. 


69. Reading and vote. 


55. Periodical enumeration. 


70. Subject-matter and title. 


56. Apportionment of representation. 


71. Plain wording. 


57. Districts. 


72. Acts, how amended. 


58. Qualifications. 


73. Local laws forbidden. 


59. Privilege from arrest. 


74. Laws must be general. 


60. Sessions. 


75. Suits against the State. 


61. Officers— Adjournment. 


76. Passage of bills. 


62. Quorum. 


77. Protest and entry. 


63. Journal. 


78. Public laws. 


64. Doors to be open 


79. Publication of statutes. 


65. Disorderly behavior punished. 


80. Pay of members. 


66. Imprisonment for contempt. 


81. Members ineligible to certain offices. 



[1852, p. 3. In force November 1, 1851.] 

52. The General Assembly. The legislative authority of the 
State shall be vested in the General Assembly, which shall consist of 
a Senate and a House of Representatives. The style of every law 



-14 



210 APPENDIX A. 

shall be : "Be it enacted by the General Assembly of the State of 
Indiana " : and no law shall be enacted except by bill. 

53. Number. The Senate shall not exceed fifty nor the House 
of Representatives one hundred members ; and they shall be chosen 
by the electors of the respective counties or districts into which the 
State may, from time to time, be divided. 

54. Term of office. Senators shall be elected for the term of 
four years, and Representatives for the term of two years, from the 
day next after their general ejection : Provided, however, That the 
Senators elect at the second meeting of the General Assembly under 
this Constitution shall be divided, by lot, into two equal classes, 
as nearly as may be ; and the seats of Senators of the first class 
shall be vacated at the expiration of two years, and of those of the 
second class at the expiration of four years ; so that one-half, as 
nearly as possible, shall be chosen biennially, forever thereafter. 
And in case of increase in the number of Senators, they shall be so an- 
nexed, by lot, to one or the other of the two classes, as to keep them 
as nearly equal as practicable. 

[1881. p. 29. In force March 14, 1881.] 

55. Periodical enumeration. The General Assembly shall, 
at its second session after the adoption of this Constitution, and ev- 
ery six years thereafter, cause an enumeration to be made of all the 
male inhabitants over the age of twenty-one years. 

56. Apportionment of representation. The number of 
Senators and Representatives shall, at the session next following 
each period of making such enumeration, be fixed by law, and ap- 
portioned among the several counties, according to the number of 
male inhabitants above twenty-one years of age in each: Provided, 
That the first and second elections of members of the General As- 
sembly, under this Constitution, shall be according to the apportion- 
ment last made by the General Assembly before the adoption of this 
Constitution. [The word ''white" was stricken out from before the 
words ''male inhabitants" in sections 4 and 5 (sections 55 and 56), 
by amendment of March 14, 1881.] 

[1852, p. 3. In force November 1, 1851.] 

57. Districts. A Senatorial or Representative district where 
more than one county shall constitute a district, shall be composed 



APPENDIX A. 211 

of contiguous counties ; and no county, for Senatorial apportionment, 
shall ever be divided. 

58. Qualifications. No person shall be a Senator or a Repre- 
sentative, who, at the time of his election, is not a citizen of the 
United States ; nor any one who has not been, for two years next pre- 
ceding his election, an inhabitant of this State, and for one year next 
preceding riis election an inhabitant of the county or district whence 
he may be chosen. Senators shall be at least twenty -five and Rep- 
resentatives at least twenty-one years of age. 

59. Privilege from arrest. Senators and Representatives, in 
all cases except treason, felony, and breach of the peace, shall be 
privileged from arrest during the session of the General Assembly, 
and in going to and returning from the same ; and shall not be sub- 
ject to any civil process during the session of the General Assembly, 
nor during the fifteen days next before the commencement thereof. 
For any speech or debate in either House, a member shall not be 
questioned in any other place. 

60. Sessions. The sessions of the General Assembly shall be 
held biennially at the capital of the State, commencing on the Thurs- 
day next after the first Monday of January, in the year one thousand 
eight hundred and fifty-three, and on the same day of every second 
year thereafter, unless a different day or place shall have been ap- 
pointed by law. But if, in the opinion of the Governor, the public 
welfare shall require it, he may, at any time, by proclamation, call a 
special session. 

61. Officers— ■ Ad journment. Each House, when assembled, 
shall choose its own officers (the President of the Senate excepted), 
judge the elections, qualifications, and returns of its own members, 
determine its rules of proceeding, and sit upon its own adjournment. 
But neither House shall, without the consent of the other, adjourn 
for more than three days, nor to any place other than that in which 
it may be sitting. 

62. Quorum. Two-thirds of each House shall constitute a quo- 
rum to do business ; but a smaller number may meet, adjourn from 
day to day, and compel the attendance of absent members. A quo- 
rum being in attendance, if either House fail to effect an organization 
w r ithin the first five days thereafter, the members of the House so 



212 APPENDIX A. 

failing shall be entitled to no compensation, from the end of the said 
five days, until an organization shall have been effected. 

63. Journal. Each House shall keep a journal of its proceed- 
ings, and publish the same. The yeas and nays, on any question, 
shall, at the request of any two members, be entered, together with 
the names of the members demanding the same, on the journal: 
Provided, That on a motion to adjourn, it shall require one-tenth of 
the members present to order the yeas and nays. 

64. Doors to "be open. The doors of each House and of com- 
mittees of the whole shall be kept open, except in such cases as, in 
the opinion of either House, may require secrecy. 

65. Disorderly behavior punished. Either House may 
punish its members for disorderly behavior, and may, with the con- 
currence of two-thirds, expel a member; but not a second time for 
the same cause. 

66. Imprisonmnent for contempt. Either house, during its 
session, may punish, by imprisonment, any person not a member 
who shall have been guilty of disrespect to the House, by disorderly 
or contemptuous behavior, in its presence; but such imprisonment 
shall not, at any time, exceed twenty-four hours. 

67. Powers of each House. Each House shall have all pow- 
ers necessary for a branch of the Legislative Department of a free 
and independent State. 

68. Bills. Bills may originate in either House, but may be 
amended or rejected in the other, except that bills for raising reve- 
nue shall originate in the House of Representatives. 

69. Reading" and vote. Every bill shall be read, by sections, 
on three several days, in each House; unless, in case of 'emergency, 
two-thirds of the House where such bill may be pending, shall, by a 
vote of yeas and nays, deem it expedient to dispense with this rule; 
but the reading of a bill by sections, on its final passage, shall, in no 
case, be dispensed with; and the vote on the passage of every bill or 
joint resolution shall be taken by yeas and nays. 

70. Subject-matter and title. Every Act shall embrace but 
one subject and matters properly connected therewith; which sub- 
ject shall be expressed in the title. But if any subject shall be em- 
braced in an Act which shall not be expressed in the title, such Act 



APPENDIX A. 213 

shall be void only as to so much thereof as shall not be expressed in 
the title. 

71. Plain wording. Every Act and joint resolution shall be 
plainly worded, avoiding, as far as practicable, the use of technical 
terms. 

72. Acts, how amended. No Act shall ever be revised or 
amended by mere reference to its title; but the Act revised or section 
amended shall be set forth and published at full length. 

73. Local laws forbidden. The General Assembly shall not 
pass any local or special laws in any of the following enumerated 
cases, that is to say: 

Regulating the jurisdiction and duties of justices of the peace and 

of constables; 
For the punishment of crimes and misdemeanors; 
Regulating the practice in courts of justice; 
Providing for changing the venue in civil and criminal cases; 
Granting divorces; 
Changing the names of persons; 
For laying out, opening, and working on, highways, and for the 

election or appointment of supervisors; 
Vacating roads, town plats, streets, alleys, and public squares; 
Summoning and impaneling grand and petit juries, and providing 

for their compensation; 
Regulating county and township business; 
Regulating the election of county and township officers, and their 

compensation; 
For the assessment and collection of taxes for State, county, town- 
ship, or road purposes; 
Providing for supporting common schools and for the preservation 

of school funds; 
In relation to fees or salaries; except that the laws may be so made 

as to grade the compensation of officers in proportion to the 

population and necessary services required;. [As amended 

March 14, 1881.] 
In relation to interest on money ; 
Providing for opening and conducting elections of State, county or 

township officers, and designating the places of voting; 



214 APPENDIX A. 

Providing for the sale of real estate belonging to minors or other 
persons laboring under legal disabilities, by executors, admin- 
istrators, guardians, or trustees. 

74. Laws must be general. In all the cases enumerated in 
the preceding section, and in all other cases where a general law can 
be made applicable, all laws shall be general, and of uniform opera- 
tion throughout the State. 

75. Suits against the State. Provision may be made, by 
general law, for bringing suit against the State, as to all liabilities 
originating after the adoption of this Constitution; but no special 
Act authorizing such suit to be brought, or making compensation to 
any person claiming damages against the State, shall ever be passed. 

76. Passage of Mils. A majority of all the members elected 
to each House shall be necessary to pass every bill or joint resolu- 
tion; and all bills and joint resolutions so passed shall be signed by 
the presiding officers of the respective houses. 

77. Protest and entry. Any member of either House shall 
have the right to protest, and to have his protest, with his reasons 
for dissent, entered on the journal. 

78. Public Laws. Every statute shall be a public law, unless 
otherwise declared in the statute itself. 

79. Publication of Statutes. No Act shall take effect until 
the same shall have been published and circulated in the several 
counties of the State by authority, except in cases of emergency; 
which emergency shall be declared in the preamble or in the body 
of the law. 

80. Pay of members. The members of the General Assem- 
bly shall receive for their services a compensation to be fixed by law; 
but no increase of compensation shall take effect during the session 
at which such increase may be made. No session of the General 
Assembly, except the first under this Constitution, shall extend 
beyond the term of sixty-one days, nor any special session beyond 
the term of forty days. 

81. Members ineligible to certain offices. No Senator or 
Representative shall, during the term for which he may have been 
elected, be eligible to any office, the election of which is vested in 



APPENDIX A. 215 

the General Assembly ; nor shall be appointed to any civil office of 
profit, which shall have been created, or the emoluments of which 
shall have been increased, during such term ; but this latter provi- 
sion shall not be construed to apply to any office elective by the 
people. 

ARTICLE 5— EXECUTIVE. 

SEC. SEC. 

82. Governor. 94. Messages. 

83. Lieutenant-Governor. 95. Bills signed or vetoed. 

84. Election. 96. Information from officers. 

85. Manner of voting. 97. Execution of law.?. 

86 Plurality elects. 98. Pardons and reprieves. 

87. Contests. 99. He may fill vacancies. 

88. Qualifications. 100. Writs of election to Assembly. 

89. Persons ineligible. 101. May change place of meeting. 

90. Term of office. 102. Duties of Lieutenant-Governor. 

91. Vacancies. 103. Pay of Governor. 

92. President pro tempore of the Senate. 104. Pay of Lieutenant-Governor. 

93. Governor— Commander-in-Chief. 105. Their ineligibility to office. 

[1852, p. 3. In force November 1, 1851.] 

. 82. Governor. The executive powers of the State shall be 
vested in a Governor. He shall hold his office during four years, and 
shall not be eligible more than four years in any period of eight 
years. 

83. Lieutenant-Governor. There shall be a Lieutenant-Gov- 
ernor, who shall hold his office during four years. 

84. Election. The Governor and Lieutenant-Governor shall be 
elected at the times and places of choosing membeis of the General 
Assembly. 

85. Manner of Voting-. In voting for Governor and Lieuten- 
ant-Governor, the electors shall designate for whom they vote as 
Governor and for whom as Lieutenant-Governor. The returns of 
every election for Governor and Lieutenant Governor shall be sealed 
up and transmitted to the seat of government, directed to the Speaker 
of the House of Representatives, who shall open and publish them 
in the presence of both Houses of the General Assembly. 

86. Plurality elects. The persons, respectively, having the 
highest number of votes for Governor and Lieutenant-Governor shall 



216 APPENDIX A. 

be e]ected; but in case two or more persons shall have an equal and 
the highest number of votes for either office, the General Assembly 
shall, by joint.vote, forth with proceed to elect one of the said persons 
Governor or Lieutenant-Governor, as the case may be. 

87. Contests. Contested elections for Governor or Lieutenant- 
Governor shall be determined by the General Assembly, in such 
manner as may be prescribed by law. 

88. Qualifications. No person shall be eligible to the office of 
Governor or Lieutenant-Governor who shall not have been five years 
a citizen of the United States, and also a resident of the State of Indi- 
ana during the five years next preceding his election ; nor shall any 
person be eligible to either of the said offices who shall not have 
attained the age of thirty years. 

89. Persons ineligible. No Member of Congress, or person 
holding any office under the United States or under this State, shall 
fill the office of Governor or Lieutenant-Governor. 

90. Term of office. The official term of the Governor and 
Lieutenant-Governor shall commence on the second Monday of Jan- 
uary, in the year one thousand eight hundred and fifty-three; and 
on the same day every fourth year thereafter. 

91. Vacancies. In case of the removal of the Governor from 
office, or of his death, resignation, or inability to discharge the duties 
of the office, the same shall devolve on the Lieutenant-Governor; 
and the General Assembly shall, by law, provide for the case of re- 
moval from office, death, resignation, or inability, both of the Gov- 
ernor and Lieutenant Governor, declaring what officer shall then act 
as Governor; and such officer shall act accordingly, until the disa- 
bility be removed, or a Governor be elected. 

92. President pro tern, of Senate. Whenever the Lieu- 
tenant-Governor shall act as Governor, or shall be unable to attend 
as President of the Senate, the Senate shall elect one of its own 
members as President for the occasion. 

93. Governor, Commander-in-Chief. The Governor shall 
be Commander-in-Chief of the military and naval forces, and may 
call out such forces to execute the laws, or to suppress insurrection, 
or to repel invasion. 



APPENDIX A. 217 

94. Messages. He shall, from time to time, give to the Gen- 
eral Assembly information touching the condition of the State, and 
recommend such measures as he shall judge to be expedient. 

95. Bills signed or vetoed. Every bill which shall have 
passed the General Assembly shall be presented to the Governor; if 
he approve, he shall sign it, but if not he shall return it, with his 
objections, to the House in which it shall have originated, which 
House shall enter the objections, at large, upon its journals, and 
proceed to reconsider the bill. If, after such reconsideration, a ma-, 
jority of all the members elected to that House shall agree to pass 
the bill, it shall be sent, with the Governor's objections, to the other 
House, by which it shall likewise be reconsidered; and if approved 
by a majority of all the members elected to that House, it shall be a 
law. If any bill shall not be returned by the Governor within three 
days, Sundays excepted, after it shall have been presented to him, it 
shall be a law without his signature, unless the general adjournment 
shall prevent its return, in which case it shall be a law, unless the 
Governor, within five days next after such adjournment, shall file 
such bill, with his objections thereto, in the office of the Secretary of 
State, who shall lay the same before the General Assembly at its 
next session, in like manner as if it had been returned by the Gov- 
ernor. But no bill shall be presented to the Governor within two 
days next previous to the final adjournment of the General Assembly. 

96. Information from officers. The Governor shall transact 
all necessary business with the officers of Government, and may re- 
quire information, in writing, from the officers of the Administrative 
Department, upon any subject relating to the duties of their respect- 
ive offices. 

97. Execution of laws. He shall take care that the laws be 
faithfully executed. 

98. Pardons and reprieves. He shall have the power to grant 
reprieves, commutations and pardons, after convictions, for all 
offenses except treason and cases of impeachment, subject to such 
regulations as may be provided by law. Upon conviction for treason, 
he shall have power to suspend the execution of the sentence until 
the case shall have been reported to the General Assembly at 
its next meeting ; when the General Assembly shall either grant a 



218 APPENDIX A. 

pardon, commute the sentence, direct the execution of the sentence, 
or grant a further reprieve. He shall have power to remit fines and 
forfeitures, under such regulations as maybe prescribed by law; and 
shall report to the General Assembly, at its next meeting, each case 
of reprieve, commutation, or pardon granted, and also the names of 
all persons in whose favor remission of fines and forfeitures shall 
have been made and the several amounts remitted : Provided, how- 
ever, That the General Assembly may, by law, constitute a council, 
to be composed of officers of State, without whose advice and con- 
sent the Governor shall not have power to grant pardons, in any case 
except such as may, by law, be left to his sole power. 

99. He may fill vacancies. When, during a recess of the Gen- 
eral Assembly, a vacancy shall happen in any office, the appointment 
to which is vested in the General Assembly ; or when at any time, a 
vacancy shall have occurred in any other State office, or in the office 
of Judge of any Court, the Governor shall fill such vacancy by ap- 
pointment, which shall expire when a successor shall have been 
elected and qualified. 

100. Writs of election to Assembly. He shall issue writs 
of election to fill such vacancies as may have occurred in the General 
Assembly. 

101. May change place of meeting-. Should the seat of 
government become dangerous from disease or a common enemy, he 
may convene the General Assembly at any other place. 

102. Duties of Lieutenant-Governor. The Lieutenant- 
Governor shall, by virtue of his office, be President of the Senate ; 
have a right, when in committee of the whole, to join in debate, and 
to vote on all subjects ; and whenever the Senate shall be equally 
divided, he shall give the casting vote. 

103. Pay of Governor. The Governor shall, at stated times, 
received for his services a compensation which shall neither be in- 
creased nor diminished during the term for which he shall have been 
elected. 

104. Pay of Lieutenant-Governor. The Lieutenant-Gov- 
ernor, while he shall act as President of the Senate, shall receive for 
his services the same compensation as the Speaker of the House of 



APPENDIX A. 219 

Representatives ; and any person acting as Governor shall receive 
the compensation attached to the office of Governor. 

105. Their ineligibility to office. Neither the Governor 
nor Lieutenant-Governor shall be eligible to any other office during 
the term for which he shall have been elected. 

ARTICLE 6— ADMINISTRATIVE. 

SEC. SEC. 

10G. Secretary, Auditor and Treasurer of 111. Residence of other officers. 

State. 112. Impeachment of State officers. 

107. Terms of county officers. 118. Impeachment of county officers. 

108. County and township officers. 114. Vacancies, how filled. 

109. Qualifications of county officers. 115. County hoards. 

110. Residence of officers of State. 

[1852, p. 3. In force November 1, 1851.] 

106. Secretary, Auditor and Treasurer of State. There 
shall be elected, by the voters of the State, a Secretary, an Auditor, 
and a Treasurer of State, who shall severally hold their offices for 
two years. They shall perform such duties as may be enjoined by 
law ; and no person shall be eligible to either of said offices more 
than four years in any period of six years. 

107. Terms of county officers. There shall be elected in 
each county, by the voters thereof, at the time of holding general 
elections, a Clerk of the Circuit Court, Auditor, Recorder, Treasurer, 
Sheriff, Coroner and Surveyor. The Clerk, Auditor and Recorder 
shall continue in office four years ; and no person shall be eligible 
to the office of Clerk, Recorder or Auditor more than eight years in 
any period of twelve years. The Treasurer, Sheriff, Coroner and 
Surveyor shall continue in office two years ; and no person shall be 
eligible to the office of Treasurer or Sheriff more than four years in 
any period of six years. 

108. County and township officers. Such other county and 
township officers as may be necessary, shall be elected or appointed 
in such manner as may be prescribed by law. 

109. Qualifications of county officers. No person shall be 
elected or appointed as a county officer who shall not be an elector 
of the county ; nor any one who shall not have been an inhabitant 
thereof during one year next preceding his appointment, if the 



220 



APPENDIX A. 



county shall have been so long organized; but if the county shall 
not have been so long organized, then within the limits of the 
county or counties out of which the same shall have been taken. 

110. Residence of officers of State. The Governor, and 
the Secretary, Auditor and Treasurer of State, shall, severally, reside, 
and keep the public records, books and papers in any manner re- 
lating to their respective offices at the seat of government. 

111. Residence of other officers. All county, township and 
town officers shall reside within their respective counties, townships 
and towns ; and shall keep their respective offices at such places 
therein, and perform such duties as may be directed by law. 

112. Impeachment of State officers. All state officers shall, 
for crime, incapacity or negligence, be liable to be removed from 
office, either by impeachment by the House of Representatives, to 
be tried by the Senate, or by a joint resolution of the General As- 
sembly ; two-thirds of the members elected to each branch voting, 
in either case, therefor. 

113. Impeachment of county officers. All State, county, 
township and town officers may be impeached or removed from office 
in such manner as may be prescribed by law. 

114. Vacancies, how filled. Vacancies in county, township, 
and town offices shall be filled in such manner as may be prescribed 
by law. 

115. County Boards. The General Assembly may confer upon 
the Boards doing county business in the several counties, powers of a 



Sec. 

116. Judicial powers. 

117. Supreme Court. 

118. Judicial districts. 

119. Jurisdiction. 

120. Decisions in writing. 
121 Publication of decisions 

122. Clerk of Supreme Court. 

123. Circuit Courts. 

124. Circuit Judges. 

125. Special Judges. 

126. Prosecuting Attorneys. 



ARTICLE 7-JUDICIAL. 
Sec. 



127. Removal of Judges and Prosecutors. 

128. Pay of Judges. 

129. Justices of the Peace. 

130. Conservators of the Peace. 

131. Ineligibility of Judges. 
132 Grand jury system. 

133. Criminal prosecutions. 

134. Courts of conciliation. 
135 Revision of laws. 

136. Lawyers. 



APPENDIX A. 221 

[1881, p. 29. In force March 14, 1881.] 

116. Judicial powers. The judicial power of the State shall 
be vested in a Supreme Court, in Circuit Courts, and in such other 
Courts as the General Assembly may establish. [As amended March 
14, 1881.] 

[1852, p. 3. In force November 1, 1851.] 

117. Supreme Court. The Supreme Court shall consist of not 
less than three, nor more than five Judges, a majority of whom shall 
form a quorum. They shall hold their offices for six years, if they so 
long behave well. 

118. Judicial districts. The State shall be divided into as 
many districts as there are Judges of the Supreme Court; and such 
districts shall be formed of contiguous territory, as nearly equal in 
population as, without dividiug a county, the same can be made. 
One of said Judges shall be elected from each district, and reside 
therein; but said Judges shall be elected by the electors of the State 
at large. 

119. Jurisdiction. The Supreme Court shall have jurisdiction 
co-extensive with the limits of the State in appeals and writs of error, 
under such regulations and restrictions as may be prescribed by law. 
It shall also have such original jurisdiction as the General Assembly 
may confer. 

120. Decisions in Writing'. The Supreme Court shall, upon 
the decision of every case, give a statement in writing of each ques- 
tion arising in the. record of such case and the decision of the Court 
thereon. 

121. Publication of Decisions. The General Assembly shall 
provide, by law, for the speedy publication of the decisions of the 
Supreme Court made under this Constitution; but no Judge shall be 
allowed to report such decisions. 

122. Clerk of Supreme Court. There shall be elected, by 
the voters of the State, a Clerk of the Supreme Court, who shall hold 
his office four years, and whose duties shall be prescribed by law. 

123. Circuit Courts. The Circuit Courts shall each consist of 
one Judge, and shall have such civil and criminal jurisdiction as 
may be prescribed by law. 



222 APPENDIX A. 

124. Circuit Judges. The State shall from time to time, be 
divided into judical circuits ; and a Judge for each circuit shall be 
elected by the voters thereof. He shall reside within the circuit, 
and shall hold his office for the term of six years, if he so long be- 
have well. 

125. Special Judges. The General Assembly may provide, by 
law, that the Judge of one circuit may hold the Courts of another 
circuit, in cases of necessity or convenience ; and in case of tem- 
porary inability of any Judge, from sickness or other cause, to hold 
the Courts in his circuit, provision may be made by law for holding 
such Courts. 

126. Prosecuting Attorneys. There shall be elected, in each 
judicial circuit, by the voters thereof, a Prosecuting Attorney who 
shall hold his office for two years. 

127. Kemoval of Judges and Prosecutors. Any Judge or 
Prosecuting Attorney who shall have been convicted of corruption 
or other high crime, may, on information in the name of the State, 
be removed from office by the Supreme Court, or in such other man- 
ner as may be prescribed by law. 

128. Pay of Judges. The Judges of the Supreme Court and 
Circuit Courts shall, at stated times, receive compensation, which 
shall not be diminished during their continuance in office. 

129. Justices of the Peace. A competent number of Justices 
of the Peace shall be elected by the voters in each township in the 
several counties. They shall continue in office four years, and their 
powers and duties shall be prescribed by law. 

130. Conservators of the peace. All judicial officers shall 
be conservators of the peace in their respective jurisdictions. 

131. Ineligibility of Judges. No person elected to any judi- 
cial office shall, during the term for which he shall have been elected, 
be eligible to any office of trust or profit under the State, other than 
a judical office. 

132. Grand Jury system. The General Assembly may modify 
or abolish the Grand Jury system. 

133. Criminal prosecutions. All criminal prosecutions shall 
be carried on in the name and by the authority of the State ; and 
the style of all process shall be '"The State of Indiana." 



APPENDIX A. 223 

134. Courts of conciliation. Tribunals of conciliation may 
be established with such powers and duties as shall be prescribed by 
law ; or the powers and duties of the same may be conferred upon 
other Courts of justice, but such tribunals or other Courts, when 
sitting as such, shall have no power to render judgment to be obliga- 
tory on the parties, unless they voluntarily submit their matters of 
difference and agree to abide the judgment of such tribunal or Court. 

135. Revision of Laws. The General Assembly, at its frst 
session after the adoption of this Constitution, shall provide for the 
appointment of three Commissioners, whose duty it shall be to re- 
vise, simplify and abridge the rules, practice, pleadings and forms of 
the Courts of justice. And they shall provide for abolishing the 
distinct forms of action at law now in use, and that justice shall be 
administered in a uniform mode of pleading, without distinction 
between law and equity. And the General Assembly may, also, 
make it the duty of said Commissioners to reduce into a systematic 
code the general statute law of the State; and said Commissioners 
shall report the result of their labors to the General Assembly, with 
such recommendations and suggestions as to abridgment and amend- 
ment, as to said Commissioners may seem necessary or proper. Pro- 
visions shall be made, by law, for filling vacancies, regulating the 
tenure of office, and compensation of said Commisioners. 

136. Lawyers. Every person of good moral character, being a 
voter, shall be entitled to admission to practice law in all Courts of 
justice. 

ARTICLE 8— EDUCATION. 

SEC. SEC. 

137. Common schools. 141. Re-investment. 

138. Common school fund. 142. Counties— Liability. 
i39. Principal, a perpetual fund. 113. Trust funds inviolate. 

140. Investment and distribution. 144. Superintendent of Public Instruction. 

[1852, p. 3. In force November 1, 1851.] 

137. Common schools. Knowledge and learning, generally 
diffused throughout a community being essential to the preserva- 
tion of a free government, it shall be the duty of the General Assem- 
bly to encourage by all suitable means, moral, intellectual, scientific 
and agricultural improvement, and to provide, by law, for a general 



224 APPENDIX A. 

and uniform system of common schools, wherein tuition shall be 
without charge, and equally open to all. 

138. Common school fund. The common school fund shall 
consist of the congressional township fund, and the lands belonging 
thereto ; 

The surplus revenue fund ; 

The saline fund, and the lands belonging thereto ; 

The bank tax fund, and the fund arising from the one hundred 
and fourteenth section of the charter of the State Bank of Indiana ; 

The fund to be derived from the sale of county seminaries, and 
the moneys and property heretofore held for such seminaries; from 
the fines assessed for breaches of the penal laws of the State, and 
from all forfeitures which may accrue ; 

All lands and other estate which shall escheat to the State for 
want of heirs or kindred entitled to the inheritance ; 

All lands that have been or may hereafter be granted to the State, 
where no special purpose is expressed in the grant, and the proceeds 
of the sales thereof, including the proceeds of the sales of the swamp 
lands granted to the State of Indiana by the Act of Congress of the 
twenty-eighth of September, one thousand eight hundred and fifty, 
after deducting the expense of selecting and draining the same. 

Taxes on the property of corporations that may be assessed by the 
General Assembly for common school purposes. 

139. Principal, a perpetual fund. The principal of the 
common school fund shall remain a perpetual fund, which may be 
increased, but shall never be diminished ; and the income thereof 
shall be inviolably appropriated to the support of common schools, 
and to no other purpose whatever. 

140. Investment and distribution. The General Assembly 
shall invest, in some safe and profitable manner, all such portions of 
the common school fund as have not heretofore been intrusted to the 
several counties; and shall make provision, by law, for the distribu- 
tion, among the several counties, of the interest thereof. 

141. Re-investment. If any county shall fail to demand its 
proportion of such interest for common school purposes, the same 
shall be re-invested for the benefit of such couuty. 

142. Counties—Liiability. The several counties shall be held 



APPENDIX A. 225 

liable for the preservation of so much of the said fund as may be in- 
trusted to them, and for the payment of the annual interest thereon. 

143. Trust funds inviolate. All trust funds held by the State 
shall remain inviolate, and be faithful] y and exclusively applied to 
the purposes for which the trust was created. 

144. Superintendent of Public Instruction. The General 
Assembly shall provide for the election, by the voters of the State, 
of a State Superintendent of Public Instruction, who shall hold his 
office for two years, and whose duties and compensation shall be pre- 
scribed by law. 

ARTICLE 9— STATE INSTITUTIONS. 

SEC. SEC. 

145. Benevolent institutions. 147. County asylums. 

146. Houses of refuge. 

[1852, p. 3. In force November 1, 1851.] 

145. Benevolent institutions. It shall be the duty of the 
General Assembly to provide, by law, for the support of institutions 
for the education of the deaf and dumb, and of the blind, and, also, 
for the treatment of the insane. 

146. Houses of refuge. The General Assembly shall provide 
houses of refuge for the correction and reformation of juvenile of- 
fenders. 

147. County asylums. The County Boards shall have power 
to provide farms as an asylum for those persons who, by reason of 
age, infirmity, or other misfortune, have claims upon the sympathies 
and aid of society. 

ARTICLE 10— FINANCE. 

SEC. SEC. 

148. Assessment and taxation. 152. Creation of debt forbidden. 

149. Payment of public debt. 153. Counties cannot take stock. 

150. Appropriations. 154. Wabash and Erie canal. 

151. Statement of receipts and expendi- 

tures. 

[1852, p. 3. In force November 1, 1851.] 

148. Assessment and taxation. The General Assembly shall 
provide, by law, for a uniform and equal rate of assessment and tax- 
ation; and shall prescribe such regulations as shall secure a just val- 

-15 



226 APPENDIX A. 

uation for taxation of all property, both real and personal, excepting 
such only, for municipal, educational, literary, scientific, religious, 
or charitable purposes, as may be specially exempted by law. 

149. Payment of public debt. All the revenues derived 
from the sale of any of the public works belonging to the State, and 
from the net annual income thereof, and any surplus that may, at 
any time, remain in the Treasury, derived from taxation for general 
State purposes, after the payment of the ordinary expenses of the 
Government, and of the interest on bonds of the State, other than 
bank bonds, shall be annually applied, under the direction of the 
General Assembly, to the payment of the principal of the public debt. 

150. Appropriations. No money shall be drawn from the 
Treasury but in pursuance of appropriations made by law. 

151. Statement of receipts and expenditures. An accu- 
rate statement of the receipts and expenditures of the public money 
shall be published with the laws of each regular session of the Gen- 
eral Assembly. 

152. Creation of debt forbidden. No law shall authorize any 
debt to be contracted on behalf of the State, except in the following 
cases: To meet casual deficits in the revenue; to pay the interest on 
the State debt; to repel invasion, suppress insurrection, or, if hostil- 
ities be threatened, provide for the public defense. 

153. Counties cannot take stock. No county shall subscribe 
for stock in any incorporated company, unless the same be paid for 
at the time of such subscription, nor shall any county loan its credit 
to any incorporated company, nor borrow money for the purpose of 
taking stock in any such company; nor shall the General Assembly 
ever, on behalf of the State, assume the debts of any county, city, 
town or township, nor of any corporation whatever. 

[1873, p. 83. In force February 18, 1873.] 

154. Wabash and Erie Canal. No law or resolution shall 
ever be passed by the General Assembly of the State of Indiana, that 
shall recognize any liability of this State to pay or redeem any cer- 
tificate of stock issued in pursuance of an Act entitled " An Act to 
provide for the funded debt of the State of Indiana and for the Com- 
pletion of the Wabash and Erie Canal to Evansville," passed Janu- 



APPENDIX A. 227 

ary 19, 1846 ; and an Act supplemental to said Act, passed January 
29, 1847 ; which, by the provisions of the said Acts, or either of them, 
shall be payable exclusively from the proceeds of the canal lands, 
and the tolls and revenues of the canal, in said Acts mentioned ; and 
no such certificate of stock shall ever be paid by this State. [Amend- 
ment. Adopted February 18, 1873.] 



ARTICLE 11— CORPORATIONS. 



SEC, 




SEC. 




155. 


Incorporation of banks. 


162. 


Holders' preference. 


156. 


General Banking Law. 


163. 


Interest. 


157. 


Registry of notes. 


164. 


Twenty years' limitation. 


158. 


Bank with branches. 


165. 


Trust funds. 


159. 


Branches mutually responsible. 


166. 


State not to be stockholder. 


160. 


Liability of stockholders. 


167. 


General laws. 


161. 


Redemption 


168. 


Individual liability. 



[1852, p. 3. In force November 1, 1851.] 

155. Incorporation of banks. The General Assembly shall 
not have power to establish or incorporate any bank or banking com- 
pany or moneyed institution, for the purpose of issuing bills of credit 
or bills payable to order or bearer, except under the conditions pre- 
scribed in this Constitution. 

156. General banking- law. No bank shall be established 
otherwise than under a general banking law, except as provided in 
the fourth section of this article. 

157. Registry of notes. If the General Assembly shall enact 
a General Banking Law, such law shall provide for the registry and 
countersigning, by an officer of State, of all paper credit designed to 
be circulated as money ; and ample collateral security, readily cover- 
tible into specie for the redemption of the same in gold or silver, shall 
be required ; which collateral security shall be under the control of 
the proper officer or officers of State. 

158. Bank with Branches. The General Assembly may also 
charter a bank with branches, without collatarei security as required 
in the preceding section. 

159. Branches mutually responsible. If the General As- 



228 APPENDIX A. 

sembly shall establish a bank with branches, the branches shall be 
mutually responsible for each other's liabilities upon all paper credit 
issued as money. 

160. Liability of stockholders. The stockholders in every 
bank or banking company shall be individually responsible, to an 
amount over and above their stock equal to their respective shares 
of stock, for all debts or liabilities of said bank or banking company. 

161. Redemption. All bills or notes issued as money shall be, 
at all times, redeemable in gold or silver ; and no law shall be 
passed, sanctioning, directly or indirectly, the suspension, by any 
bank or banking company, of specie payments. 

162. Holders' preference. Holders of bank notes shall be 
entitled, in case of insolvency, to preference of payment over all 
other creditors. 

163. Interest. No bank shall receive, directly or indirectly, a 
greater rate of interest than shall be allowed by Jaw to individuals 
loaning money. 

164. Twenty years' limitation. Every bank or banking 
company, shall be required to cease all banking operations within 
twenty years from the time of its organization, and promptly there- 
after to close its business. 

165. Trust fnnd. The General Assembly is not prohibited 
from investing the trust funds in a bank with branches, but in case 
of such investment, the safety of the same shall be guaranteed by 
unquestionable security. 

166. State not to be stockholder. The State shall not be a 
stockholder in any bank after the expiration of the present bank 
charter, nor shall the credit of the State ever be given, or loaned, in 
aid of any person, association or corporation ; nor shall the State 
hereafter become a stockholder in any corporation or association. 

167. General laws. Corporations, other than banking, shall 
not be created by a special Act, but may be formed under general 
laws. 

168. Individual liability. Dues from corporations, other than 
banking, shall be securtd by such individual liability of the corpor- 
ators, or other means, as may be prescribed by law, 



APPENDIX A. 229 

ARTICLE 12— MILITIA. 

SEC. SEC. 

169. Organization. 172. Division of militia. 

170. Governor's aids. 173. Sedentary and active. 

171. Commissions. 174. Exemption. 

[1852 , p . 3 . In force November 1 , 1851 .] 

169. Organization. The militia shall consist of all able-bodied 
white male persons, between the ages of eighteen and forty-five 
years, except such as may be exempted by the law r s of the United 
States or of this State ; and shall be organized, officered, armed, 
equipped and trained in such a manner as may be provided by law. 

170. Governor's aids. The Governor shall appoint the Adju- 
tant, Quarter-master and Commissary-Generals. 

171. Commissions. All militia officers shall be commissioned 
by the Governor, and shall hold their offices not longer than six 
years. 

172. Division of militia. The General Assembly shall deter- 
mine the method of dividing the militia into divisions, brigades, 
regiments, battalions and companies, and fix the rank of all staff 
officers. 

173. Sedentary and active. The militia may be divided into 
classes of sedentary and active militia, in such manner as shall be 
prescribed by law. 

174. Exemption. No person conscientiously opposed tobearing 
arms shall be compelled to do militia duty ; but such person shall 
pay an equivalent for exemption, the amount to be prescribed by 
law. 

AETICLE 13— MUNICIPAL DEBT. 

[1831, p. 29. In force March 14, 1881.] 

175. Limited— Excess void. No political or municipal cor- 
poration in this State shall ever become indebted, in any manner 
or for any purpose, to an amount in the aggregate exceeding two per 
centum on the value of the taxable property within such corpora- 



230 APPENDIX A. 

tion, to be ascertained by the last assessment for State and county 
taxes previous to the incurring of such indebtedness ; and all bonds 
or obligations in excess of such amount, given by such corporation, 
shall be void : Provided, That in time of war, foreign invasion, or 
other great public calamity, on petition of a majority of the property 
owners, in number and value, within the limits of such corporation, 
the public authorities, in their discretion, may incur obligations 
necessary for the public protection and defense to such an amount 
as may be requested in such petition. [Amendment in lieu ot four 
old sections. Adopted March 14, 1881.] 



ARTICLE 14— BOUNDARIES. 

SEC. SEC. 

176. State boundaries. 177. Jurisdictions. 

[1852, p. 5. In force Novembr 1, 1851 ] 

176. State boundaries. In order that the boundaries of the 
State may be known and established, it is hereby ordained and de- 
clared that the State of Indiana is bounded on the east by the me- 
ridian line which forms the western boundary of the State of Ohio ; 
on the south by the Ohio river, from the mouth of the Great Miami 
river to the mouth of the Wabash river ; on the west by a line drawn 
along the middle of the Wabash river, from its mouth to a point 
where a due north line, drawn from the town of Yincennes would 
last touch the northwestern shore of said Wabash river; and thence 
by a due north line until the same shall intersect an east and west 
line drawn through a point ten miles north of the southern extreme 
of Lake Michigan ; on the north by said east and west line until the 
same shall intersect the first mentioned meridian line which forms 
the western boundary of the State of Ohio. 

177. Jurisdictions. The State of Indiana shall possess juiis- 
diction and sovereignty co-extensive with the boundaries declared 
in the preceding section, and shall have concurrent jurisdiction, in 
civil and criminal cases, with the State of Kentucky on the Ohio 
river, and with the State of Illinois on the Wabash river, so far as 
said rivers form the common boundary between this State and said 
States respectively. 



APPENDIX A. 231 

ARTICLE 15— MISCELLANEOUS. 

SEC. SEC. 

178. Official appointments. 183. Commissions. 

179. Duration of office. 184. Area of county. 

180. Holding over. 185. Lotteries prohibited. 

181. Official oath. ■ 186. Public grounds. 

182. State Seal. 187. Tippecanoe Battle Ground. 

[1852, p. 3. In force November 1, 1851.] 

178. Official appointments. All officers whose appointments 
are not otherwise provided for in this Constitution shall be chosen in 
such manner as now is, or hereafter may be, prescribed by law. 

179. Duration of office. When the duration of any office is 
not provided for by this Constitution, it may be declared by law; and 
if not so declared, such office shall be held during the pleasure of the 
authority making the appointment. But the General Assembly shall 
not create any office the tenure of which shall be longer than four 
years. 

180. Holding" over. Whenever it is provided in this Constitu- 
tion, or in any law which may be hereafter passed, that any officer, 
other than a member of the General Assembly, shall hold his office 
for any given term, the same shall be construed to mean that such 
officer shall hold his office for such term and until his successor shall 
have been elected and qualified. 

181. Official oath. Every person elected or appointed to any 
office under this Constitution shall, before entering upon the duties 
therof, take an oath or affirmation to support the Constitution of 
this State and of the "United States, and also an oath of office. 

182. State Seal. There shall be a Seal of State, kept by the 
Governor for official purposes, which shall be called the Seal of the 
State of Indiana. 

183. Commissions. All commissions shall issue in the name of 
the State, shall be signed by the Governor, sealed by the State Seal 
and attested by the Secretary of State. 

184. Area of county. No county shall be reduced to an area 
less than four hundred square miles, nor shall any county under 
that area be further reduced. 



232 APPENDIX A. 

185. Lotteries prohibited. No lottery shall be authorized, 
nor shall the sale of lottery tickets be allowed. 

186. Public grounds. The following grounds owned by the 
State, in Indianapolis, namely : The State House Square, the Gov- 
ernor's Circle, and so much of out-lot numbered one hundred and 
forty-seven as lies north of the arm of the Central canal, shall not 
be sold or leased. 

187. Tippecanoe Battle Ground. It shall be the duty of 

General Assembly to provide for the permanent inclosure and pres- 
ervation of the Tippecanoe Battle Ground. 



ARTICLE 16— AMENDMENTS. 

SEC. SEC. 

188. How made 189. Separate vote. 

[1852, p. 3. In force November 1, 1851.] 

188. How made. Any amendment or amendments to this con- 
stitution may be proposed in either branch of the General Assembly, 
and if the same shall be agreed to by a majority of the members 
elected to each of the two Houses, such proposed amendment o* 
amendments shall, with the yeas and nays thereon, be entered on 
their journals, and referred to the General Assembly to be chosen 
at the next general election ; and if in the General Assembly so 
next chosen, such proposed amendment or amendments shall be 
agreed to by a majority of all the members elected to each House, 
then it shall be the duty of the General Assembly to submit such 
amendment or amendments to the electors of the State ; and if a 
majority of said electors shall ratify the same euch amendment or 
amendments shall become a part of this Constitution. 

189. Separate vote. If two or more amendments shall be sub- 
mitted at the same time, they shall be submitted in such manner 
that the electors shall vote for or against each of such amendments 
separately ; and while an amendment or amendments which shall 
have been agree?! upon by one General Assembly shall be awaiting 
the action of a succeeding General Assembly, or of the electors, no 
additional amendment or amendments shall be proposed. 



APPENDIX A. 233 

SECTION 190— SCHEDULE. 

When Constitution to take effect. 

CLAUSES. CLAUSES. 

X. Laws continued. 9. Election of State officers. 

2. Proceedings continued. 10. Continuance of officers. 

3. Fines, bonds, etc., continued. 11. Oath. 

4. Municipal acts continued. 12. Vacancies. 

5. Governor holds over. 13. Submission of Thirteenth Article. 

6. General Assembly. 14. General submission. 

7. Legislators hold over. 15. Perry and Spencer counties. 

8. First general election. 16. Clarksville. 

When Constitution takes effect. This Constitution, if 
adopted, shall take effect on the first day of November, in the year 
one thousand eight hundred and fifty-one, and shall supersede the 
Constitution adopted in the year one thousand eight hundred and 
sixteen. 

That no inconvenience may arise from the change in the Govern- 
ment, it is hereby ordained as follows : 

Laws continued. First. All laws now in force, and not incon- 
sistent with this Constitution, shall remain in force until they shall 
expire or be repealed. 

Proceedings continued. Second. All indictments, prosecu- 
tions, suits, pleas, plaints and other proceedings pending in any of 
the Courts, shall be prosecuted to final judgment and execution ; and 
all appeals, writs of error, certiorari, and injunctions shall be carried 
on in the several Courts in the same manner as is now provided by 
law. 

Fines, bonds, etc., continued. Third. All fines, penalties 
and forfeitures, due or accruing to the State, or to any county therein, 
shall inure to the State, or to such county, in the manner prescribed 
by law. All bonds executed to the State, or to any officer in his 
official capacity, shall remain in force, and inure to the use of those 
concerned. 

Municipal acts continued. Fourth. All acts of incorpora- 
tion for municipal purposes shall continue in force under this Con- 
stitution until such time as the General Assembly shall, in its discre- 
tion, modify or repeal the same. 



234 



APPENDIX A. 



Governor holds over. Fifth. The Governor, at the expiration 
of the present official term, shall continue to act until his successor 
shall have been sworn into office. 

General Assembly. Sixth. There shall be a session of the 
General Assembly, commencing on the first Monday in December, in 
the year one thousand eight hundred and fifty-one. 

Legislators hold over. Seventh. Senators now in office and 
holding over under the existing Constitution, and such as may be 
elected at the next general election, and the Representatives then 
elected, shall continue in office until the first general election under 
this Constitution. 

First general election. Eighth. The first general election 
under this Constitution shall be held in the year one thousand eight 
hundred and fifty-two. 

Election of State officers. Ninth. The first election for Gov- 
ernor, Lieutenant-Governor, Judges of the Supreme Court and Circuit 
Courts, Clerk of the Supreme Court, Prosecuting Attorney, Secretary, 
Auditor and Treasurer of State, and State Superintendent of Public 
Instruction, under this Constitution, shall be held at the general 
election in the year one thousand eight hundred and fifty-two ; and 
such of said officers as may be in office when this Constitution shall 
go into effect shall continue in their respective offices until their 
successors shall have been elected and qualified. 

Continuance of officers. Tenth. Every person elected by 
popular vote and now in any office which is continued by this Con- 
stitution, and every person who shall be so elected to any such office 
before the taking effect of this Constitution (except as in this Consti- 
tution otherwise provided), shall continue in office until the term for 
which such person has been, or may be. elected, shall expire : Pro- 
vided, That no such person shall continue in office after the taking 
( ffect of this Constitution for a longer period than the term of such 
office in this Constitution prescribed. 

Oath. Eleventh. On the taking effect of this Constitution all 
officers thereby continued in office shall, before proceeding in the 
further discharge of their duties, take an oath, or affirmation, to sup- 
port this Constitution. 



APPENDIX A. 235 

Vacancies. Twelfth. All vacancies that may occur in existing 
offices, prior to the first general election under this Constitution, 
shall be filled in the manner now prescribed by law. 

Submission of thirteenth article. Thirteenth. At the time 
of submitting this Constitution to the electors for their approval or 
disapproval, the Article numbered thirteen, in relation to negroes 
and mulattoes, shall be submitted as a distinct proposition, in the 
following form : " Exclusion and Colonization of Negroes and Mu- 
lattoes," "Aye" or "No." And if a majority of the votes cast shall 
be in favor of said Article, then the same shall form a part of this 
Constitution ; otherwise it shall be void, and form no part thereof. 

General submission. Fourteenth No article or section of this 
Constitution shall be submitted as a distinct proposition, to a vote of 
the electors, otherwise than as herein provided. 

Perry and Spencer. Fifteenth Whenever a portion of the cit- 
izens of the counties of Perry and Spencer shall deem it expedient 
to form, of the contiguous territory of said counties, a new county, 
it shall be the duty of those interested in the organization of such 
new county, to lay off the same by proper metes and bounds, of equal 
proportions as nearly as practicable, not to exceed one-third of the 
territory of each of said counties. The proposal to create such new 
county shall be submitted to the voters of said counties at a general 
election in such manner as shall be prescribed by law. And if a ma- 
jority of all the votes given at said election shall be in favor of the 
organization of said new county, it shall be the duty of the General. 
Assembly to organize the same out of the territory thus designated 

Clarksville. Sixteenth. The General Assembly may alter or 
amend the charter of Clarksville, and make such regulations as may 
be necessary for carrying into effect the objects contemplated in 
granting the same ; and the funds belonging to said town shall be 
applied according to the intention of the grantor. 



APPENDIX B. 

INDIANA OFFICIAL REGISTER, 



TERRITORIAL GOVERNORS. 



Arthur St. Clair, Governor Northwest Territory, from 1787 to 
1800. 

John Gibson, from 1800 to January 10, 1801. 
William H. Harrison, from 1801 to 1812.* 
Thomas Posey, from 1812 to 1816. 



GOVERNORS OF THE STATE. 



Jonathan Jennings, from 1816 to 1819. 

Jonathan Jennings (second term) from 1819 to 1822. | 

Ratliffe Boone from September 12 to December 5, 1822. 

William Hendricks, from 1822 to 1825. 

James B. Ray (acting), February 12 to December 11, 1825. j 

James B. Ray, from 1825 to 1828. 

James B. Ray (second term), from 1828 to 1831. 

Noah Noble, from 1831 to 1834. 



-Governor Harrison was appointed early in the year 1800, but was not sworn 
into office until January 10, 1801. John Gibson, the Secretary of the Territory, 
acted as Governor until his arrival. 

fJonathan Jennings, having been elected to Congress before the end of his 
second term, rtsigned the office of Governor September 12, 1822, and was succeeded 
by Ratliffe Boone, who served until December 5th of the same year. 

{Governor Hendricks, having been elected a Senator of the United States, re- 
signed his office on the 12th day of February, 1825, and was succeeded by James B. 
Ray. President of the Senate, who served as Governor during the remainder of the 
term. 



APPENDIX B. 237 

Noah Noble (second term), from 1834 to 1837. 

David Wallace, from 1837 to 1840. 

Samuel Bigger, from 1840 to 1843. 

James Whitcomb, from 1843 to 1846. 

James Whitcomb, from 1846 to 1848. 

Paris C. Dunning (acting), from 1848 to 1849. J 

Joseph A. Wright, from 1849 to 1852. 

Joseph A. Wright, from 1852 to 1857. 

Ashbel P. Willard, from 1857 to 1860. 

Abram A. Hammond, from 1860 to 1861. xx 

Henry S. Lane, from January 14 to January 16, 1861. || 

Oliver P. Morton (acting), from 1861 to 1865. 

Oliver P. Morton, from 1865 to 1867. 

Conrad Baker (acting), from 1867 to 1869* 

Conrad Baker, from 1869 to 1873. 

Thomas A. Hendricks, from 1873 to 1877. 

James D. Williams, from 1877 to 1880. 

Isaac P. Gray (acting), from 1880 to 188U 

Albert G. Porter, from 1881 to 1885. 

Isaac P. Gray, from 1885 to 1889. 

Alvin P. Hovey, from 1889 to 1891. xxx 

Ira J. Chase, from November 24, 1891, to January 9, 1893. 

Claude Matthews, from 1893 to 1897. 

James A. Mount, 1897 . 



{Governor Whitcomb was elected a Senator of the United States December 27, 
1848, and Paris C. Dunning, Lieutenant-Governor, served as Governor during the 
remainder of the term. 

xx Governor Willard died on the third day of October, 1S60, and Abram A. 
Hammond, the Lieutenant-Governor, served as Governor during the remainder of 
the term. 

|| Governor Lane was elected a Senator of the United States January 16, 1861, 
and Oliver P. Morton, the Lieutenant-Governor, served as Governor the remainder 
of the term. 

-Governor Oliver P. Morton was elected a Senator of the United States on the 
23d of January, 1867. On the day following he resigned his office, and Conrad 
Baker, the Lieutenant-Governor, served as Governor during the remainder of the 
term. 

I Governor Williams died November 20, 1880, arjd Isaac P. Gray, Lieutenant- 
Governor, served as Governor the remainder of the term. 

xxx Governor Hovey died Novtmber 23, 1891, and Lieutenant-Governor Ira J. 
Chase served as Governor the remainder of the term, 



238 APPENDIX B. 



LIEUTENANT-GOVERNORS. 



Christopher Harrison, from 1816 to 1819. 
Ratliffe Boone, from 1819 to 1825. 
John H.'Thompson, from 1825 to 1828. 
Milton Stapp, from 1828 to 1831. 
David Wallace, from 1831 to 1837. 
David Hillis from 1837 to 1840. 
Samuel Hall, from 1840 to 1843. 
Jesse D. Bright, from 1843 to 18454 
Godlove S. Orth (acting), 1845. 
James G. Reed (acting), 1846. 
Paris C. Dunning, from 1846 to 1848. 
James G. Reed (acting), 1849. 
James H. Lane, from 1849 to 1852. 
Ashbel P. Willard, from 1852 to 1857. 
Abram A. Hammond, from 1857 to 1860. 
John R. Cravens (acting), from 1859 to 1863. 
Paris C. Dunning (acting), 1863 to 1865. 
Co.nrad Baker, froni 1865 to 1867. 
Will Cumback (acting), from 1867 to 1869. 
Will Cumback, from 1869 to 1873. 
Leonidas Sexton, from 1873 to 1877. 
Isaac P. Gray, from 1877 to 1880. 
Frederick W. V T iehe (acting), 1881. 
Thomas Hanna, from 188 L to 1885. 
Mahlon D. Manson, from 1885 to 1887.f 
Ira J. Chase, from 1889 to Nov. 24, 1891. £. 

Francis M. Griffith, President pro Urn. of Senate, (acting) Lieu- 
tenant-Governor from 1891 to 1893. 
Mortimer Nye, from 1893 to 1897. 
William S. Haggard, from 1897 



t Jesse D. Bright was elected to the Senate of the United States, March 6, 1845. 

t Vacated office by qualifying as Revenue Collector. 

I Lieutenant-Governor Chase assumed the duties of Governor Nov. 24, 1891. 



APPENDIX B. 239 



SECRETARIES OF STATE. 



John Gibson, Territorial, from 1800 to 1S16. 

Robert A. New, from 1816 to 1825. 

William W. Wick, from 1825 to 1829. 

James Morrison, from 1829 to 1833. 

W r illiam Sheets, from 1833 to 1837. 

William J. Brown, from 1837 to 1841. 

William Sheets, from 1841 to 1845. 

John H. Thompson, from 1845 to 1849. 

Charles H. Test, from 1849 to 1853. 

Nehemiah Hayden, from 1853 to 1855. 

Erasmus B. Collins, from 1856 to 1857. 

Daniel McClure, from 1857 to 1859. 

Cyrus L. Dunham, from 1859 to 1861. 

William A. Peelle, from 1861 to 1863. 

James S. Athon, from 1863 to 1865. 

Nelson Trusler, from 1865 to 1869. 

Max F. A. Hoffman, from 1869 to 1871. 

Norman Eddy, from 1871 to 1872. 

John H. Farquhar, from 1872 to 1873. 

William W. Curry, from 1873 to 1875. 

John E. Neff, from 1875 to 1879. 

John G. Shanklin, from 1879 to 1881. 

Emanuel R. Hawn, from 1881 to 1883. 

William R. Myers, from 1883 to 1885. 

W T illiam R. Myers, from 1885 to 1887. 

Charles F. Griffin, from 1887 to 1889. 

Charles F. Griffin, from 1889 to 1891. 

Claude Matthews, from 1891 to January 9, 1893. 

Myron D. King, from January 9, 1893, to January 17, 1893.£ 

William R. Myers, from 1893 to 1895. 

William D. Owens, from 1895 to 1899. 



t Claude Matthews was inaugurated Governor January 9, 1893, and Myron D. 
King was appointed Secretary of State for the unexpired term. 



240 



APPENDIX B. 
AUDITORS OF PUBLIC ACCOUNTS. 



INDIANA TERRITORY. 

Peter Jones, commissioned September 5, 1805 ; resigned in 1810. 

William Prince, commissioned April 13, 1810; resigned in 1813. 

General W. Johnson, commissioned January 20, 1813 ; resigDed 
in 1813. 

William Prince, commissioned February 8, 1813 ; resigned in 
1813. 

Davis Floyd, commissioned June 15, 1813 ; served till admission 
of the State into the Union. 



AUDITORS OF STATE. 



William H. Lilley, from 1816 to 1828. 
Benjamin I. Blythe, from 1828 to 1829. 
Morris Morris, from 1829 to 1844. 
Horatio S. Harris, from 1844 to 1847. 
Douglas Maguire, from 1847 to 1850. 
Erastus W. H. Ellis, from 1850 to 1853. 
John P. Dunn, from 1853 to 1855. 
Hiram E. Talbott, from 1855 to 1857. 
John W. Dodd, from 1857 to 1861. 
Albert Lange, from 1861 to 1863. 
Joseph Ristine, from 1863 to 1865. • 
Thomas P. McCarthy, from 1865 to 1869. 
John D. Evans, from 1869 to 1871. 
John C. Shoemaker, from 1871 to 1873. 
James A. Wildman, from 1873 to 1875. 
Ebenezer Henderson, from 1875 to 1879. 
Mahlon D. Manson, from 1879 to 1881. 
Edward H. Wolfe, from 1881 to 1883. 
James H. Rice, from 1883 to 1885. 
James H. Rice, from 1885 to 1887, 



APPENDIX B. ' 241 



Bruce Carr, from 1887 to 1889. 
Bruce Carr, from 1889 to 1891. 
John 0. Henderson, from 1891 to 1893. 
John O. Henderson, from 1893 to 1895. 
Americus C. Daily, from 1895 to 1899. 



TREASURERS OF INDIANA TERRITORY. 



William Mcintosh, commissioned February 9, 1801 ; removed 
for cause. 

James Johnson, commissioned September 4, 1805 ; resigned in 
1813. 

General W. Johnston, commissioned May 29, 1813 ; served till 
State was admitted into the Union. 



TREASURERS OF STATE. 



-16 



Daniel C. Lane, from 1816 to 1823. 
Samuel Merrill, from 1823 to 1835. 
Nathan B. Palmer, from 1835 to 1841. 
George H. Dunn, from 1841 to 1844. 
Royal Mayhew, from 1844 to 1847. 
Samuel Hannah, from 1847 to 1850. 
James P. Drake, from 1850 to 1853. 
Elijah Newland, from 1853 to 1855. 
William R. Noff singer, from 1855 to 1857. 
Aquilla Jones, from 1857 to 1859. 
Nathaniel F. Cunningham, from 1859 to 1861. 
Jonathan S. Harvey, from 1861 to 1863. 
Matthew L. Brett, from 1863 to 1865. 
John I. Morrison, from 1865 to 1867. 
Nathan Kimball, from 1867 to 1871. 
James B. Ryan, from 1871 to 1873. 
John B. Glover, from 1873 to 1875. 
Benjamin C. Shaw, from 1875 to 1879, 



242 APPENDIX B. 

William Fleming, from 1879 to 1881 
Roswell S. Hill, from 1881 to 1883. 
John J. Cooper, from 1883 to 1885. 
John J. Cooper, from 1885 to 1887. 
Julius A. Lemcke, from 1887 to 1889. 
Julius A. Lemcke, from 1889 to 1891. 
Albert Gall, from 1891 to 1893 
Albert Gall, from 1893 to 1895. 
Frederick J. Scholz, 1895 to 1899. 



TERRITORIAL JUDGES. 



William Clarke, Henry Vanderburgh, John Griffin, appointed 
July 4, 1800. 



JUDGES OF THE SUPREME COURT. 



James Scott, from 1816 to 1831. 
John Johnson, from 1816 to 1817. 
Jesse L. Holman, from 1816 to 1831. 
Isaac Blackford, from 1817 to 1853. 
Stephen C. Stephens, from 1831 to 1836. 
John T. McKinney, from 1831 to 1837. 
Charles Dewey, from 1836 to 1847. 
Jeremiah Sullivan, from 1837 to 1846. 
Samuel E. Perkins, from 1846 to 1865. 
Thomas L. Smith, from 1847 to 1853. 
Andrew Davison, from 1853 to 1865. 
William Z. Stuart, from 1853 to 1857. 
Addison L. Roache, from 1853 to 1854. 

Alvin P. Hovey (appointed), from to 1854, 

Samuel B. Gookins, from 1854 to 1857. 

James L. Worden (appointed), from 1858 to 1865. 

James M. Hanna (appointed), from 1858 to 1865. 

Charles A. Ray, from 1865 to 1871. 

Jehu T. Elliott, from 1865 to 1871. 



APPENDIX B. 243 

James S. Frazer, from 1865 to 1871. ■ 

Robert S. Gregory, from 1S65 to 1871. 

James L. Worden, from 1871 to 1882.* 

Alexander C. Downey, from 1871 to 1877. 

Samuel A. Buskisk, from 1871 to 1877. 

John Pettit, from 1871 to 1877. 

Andrew L. Osborne, from 1872 to 1874. 

Horace P. Biddle, from 1874 to 1880. 

William E. Mblack, from 1877 to 1883. 

George V. Howk, from 1877 to 1883. 

Samuel E. Perkins, from 1877 to 1879. 

John T. Scott, from 1879 to 1880. 

William A, Woods, from 1881 to 1883. t 

Byron K. Elliott, from 1881 to 1887. 

William H. Coombs, fnom December 2, 1882, to 1883. 

Edwin P. Hammond, from 1883 to 1885. 

Allen Zollars, from 1883 to 1889. 

William E. Mblack, from 1883 to 1889. 

George V. Howk, from 1883 to 1889. 

Joseph A. S. Mitchell, from 1885 to December, 18904 

Byron K. Elliott, from 1887 to 1893. 

Walter Olds, from 1889 to June 1 , 1893. £ 

John D. Berkshire, from 1889 to February 1891. || 

Silas D. Coffey, from 1889 to 1895. 

Eobert W. McBride, from December 17, 1890, to 1892. 

John D. Miller, from February 25, 1891, to 1892. 

Leonard J. Hackney, from 1893 . 

Timothy E. Howard, from 1893 . 

James McCabe, from 1893 . 

Joseph S. Dailey, from July 24, 1893 to 1895.£ 

Leander J. Monks, from 1895 . 

James H. Jordan, from 1895 . 



* Resigned December 2, 1882. 
t Resigned May 8, 1883. 

X Judge J. A. S. Mitchell was re-elected November, 1890, for six years, from Jan- 
ary, 1891. He died December, 1890. 

I Judge Walter Olds resigned June 15, 1893, and Joseph S. Dailey was appointed 
July 24, 1893, to serve for the unexpired term 

II Judge John D. Berkshire died February, 189J. 



244 APPENDIX B. 



ATTORNEY-GENERALS. 



INDIANA TERRITORY. 

John Rice Jones, commissioned January 29, 1801 ; resigned in 
1804. 

Benjamin Parke, commissioned August 4, 1804 ; appointed Ter- 
ritorial Judge. 

Thomas Randolph, commissioned June 2, 1808 ; killed at Tippe- 
canoe battle November 7, 1811. 



ATTORNEY-GENERALS. 



James Morrison, from March 5, 1855. 
Joseph E. McDonald, from December 17, 1857. 
James G. Jones, from December 17, 1859. 
John P. Usher, from November 10, 1861. 
Oscar B. Hord, from November 3, 1862. 
DelaDa E. Williamson, from November 3, 1864. 
Bay less W. Hanna, from November 3, 1870. 
James C. Denny, from November 6, 1872. 
Clarence A. Buskirk, from November 6, 1874. 
Thomas W. Woollen, from November 6, 1878. 
Daniel P. Baldwin, from November 6, 1880. 
Francis T. Hord, from 1882 to 1884. 
Francis T. Hord, from 1884 to 1886. 
Louis T. Michener, from 1886 to 1888. 
Louis T. Michener, from 1888 to 1890. 
Alonzo G. Smith, from 1890 to 1892. 
Alonzo G. Smith, from 1892 to 1894. 
William A. Ketcham, from 1894 to 1898, 



APPENDIX B. 245 

SUPERINTENDENTS OF PUBLIC INSTRUCTION. 



William C. Larrabee, from 1852 to 1865. 
Caleb Mills, from 1855 to 1857. 
William C. Larrabee, from 1857 to 1859. 
Samuel L. Rugg, from 1859 to 1861. 
Miles J. Fletcher, from 1861 to 1862. 
Samuel K. Hoshour, from 1862. 
Samuel L. Rugg, from 1862 to 1865. 
George W. Hoss, from 1865 to 1869. 
Barnabas C. Hobbs, from 1869 to 1871. 
Milton B. Hopkins, from 1871 to 1874. 
Alexander C. Hopkins, from 1874 to 1875. 
James H. Smart, from 1875 to 1881. 
John M. Bloss, from 1881 to 1883. 
John W. Hoi combe, from 1883 to 1885. 
John W. Holcombe, from 1885 to 1887. 
Harvey M. LaFollette, from 1887 to 1889. 
Harvey M. LaFollette, from 1889 to 1891. 
Hervey D. Vories, from 1891 to 1893. 
Hervey D. Vories, from 1893 to 1895. 
David M. Geeting, from 1895 to 1899. 



UNITED STATES SENATORS. 

James Noble, from 1816 to 1831. 

Waller Taylor, from 1816 to 1825. 

William Hendricks, from 1825 to 1837. 

Robert Hanna (appointed), 1831. 

John Tipton, from 1831 to 1839. 

Oliver H. Smith, from 1837 to 1843. 

Albert S. White, from 1839 to 1845. 

Edward A. Hannegan, from 1843 to 1849. 

Jesse D. Bright, from 1845 to 1861. 

James Whitcomb, from 1849 to 1852. 

Charles W. Cathcart (appointed), from 1852 to 1853. 



246 APPENDIX B. 

John Petit, from 1853 to 1857. 

Graham N. Fitch, from 1857 to 1861. 

Joseph A. Wright (appointed), from 1861 to 1863. 

Henry S. Lane, from 1861 to 1867. 

David Turpie, 1863. 

Thomas A. Hendricks, from 1863 to 1869. 

Oliver P. Morton, from 1867 to 1877. 

Daniel D. Pratt, from 1869 to 1875. 

Joseph E. McDonald, from 1875 to 1881. 

Daniel W. Voorhees (appointed), from 1877 to 1879. 

Daniel W. Voorhees, from 1879 to 1885. 

Daniel W. Voorhees, from 1885 to 1891. 

Benjamin Harrison, from 1881 to 1887. 

David Turpie, from 1887 to 1893. 

David Turpie, from 1893 to . 

Daniel W. Voorhees, from 1891 to 1897. 
Charles W. Fairbanks, 1897 to . 



CLERKS SUPREME COURT. 

TERRITORIAL— STATE. 

Daniel Lymmes, from 1794 to 1804. 
Henry Hurst, from 1804 to 1820. 
E. Macdonald, from 1817 to 1820. 
Henry P. Coburn, from 1820 to 1852. 
William B. Beach, from 1852 to 1860. 
John P. Jones, from 1860 to 1864. 
Laz. Noble, 1864 to 1868. 
Theodore W. McCoy, from 1868 to 1872. 
Charles Scholl, from 1872 to 1876. 
Gabriel Schmuck, from 1876 to 1880. 
Daniel Royse, from 1880 to 1881. 
Jonathan W. Gordon, from 1881 to 1882. 
Simon P. Sheerin, from 1882 to 1886. 
William T. Noble, from 1886 to 1890. 
Andrew M. Sweeney, from 1890 to 1894. 
Alexander W. Hess, from 1894 to 1899. 



APPENDIX B. 247 



REPORTERS SUPREME COURT. 



Isaac Blackford (one of the Judges), from 1817 to 1850. 

Horace E. Carter, from 1852 to 1853. 

Albert G. Porter, from 1853 to 1856. 

Gordon Tanner, from 1857 to 1861. 

Benjamin Harrison, from 1861 to 1863. 

Michael C. Kerr, from 1863 to 1864. 

Benjamin Harrison, from 1864 to 1869. 

James B. Black, from 1869 to 1877. 

Augustus N. Martin, from 1877 to 1881. 

Francis M. Dice, from 1881 to 1885. 

John W. Kern, from 1885 to 1889. 

John L. Griffiths, from 1889 to 1893. 

Sidney R. Moon, from 1893 to 1897. 

Charles F. Remy, from 1897 . 



CHIEFS OF THE BUREAU OF STATISTICS. 



John Collett, from 1879 to 1881. 
John B. Connor, from 1881 to 1883. 
William A. Peelle, Jr., from 1883 to 1890. 
William A. Peelle, Jr., from 1890 to 1892. 
William A. Peelle, Jr., from 1892 to 1894. 
Simeon J. Thompson, from 1894 to 1897. 
John B. Connor, from 1897 . 



248 



APPENDIX B. 



POPULATION OF INDIANA. 

Total for 1880 1,978 301 

Total for 1890 2,192,404 



Counties, Population and County Seats of the State of Indiana, Census of 

1890. 



Counties. 



Adams 
Allen 
Bartholomew 
Benton 
Blackford 
Boone . 
Brown . 
Carroll . 



Clark 

Clay . . 

Clinton 

Crawford 

Daviess 

Dearborn 

Decatur 

Dekalb 

Delaware 

Dubois 

Elkhart 

Fayette 

Floyd . 

Fountain 

Franklin 

Fulton . 

Gibson 

Grant . 

Greene 

Hamilton 

Hancock 

Harrison 

Hendricks 



Population of County Seats. 



3,142 Decatur . . 

35,393 Fort Wayne 
6,719 Columbus . 
1,285 Fowler . . . 
2.287 Hartford City 
3,682 Lebanon . . 
395 Nashville . 
1,923 Delphi . . . 

13,328 Logansport . 

10,606 Jeffersonville 
5 905 Brazil . . - 
5,919 Frankfort . 
792 Leavenworth 
6,064 Washington 
4,284 Lawrenceburgh 
3,596 Green sburg 
2,415 Auburn . . 

11,345 Muncie . . 
1,281 Jasper . . . 
6,033 Goshen . . 
4,548 Connersville 

21,059 New Albany 
1,891 Covington 
2,028 Brookville 
2,467 Rochester 
3,076 Princeton 
8,769 Marion . . 
1,229 Bloomfield 
3,054 Noblesville 
3,100 Greenfield 
880 Cory don . 
1,569 Danville . 



Population 
of County. 



20,181 
66,689 
23,867 
11,903 
10,461 
26,572 
10,308 
20,020 
31,152 
30,259 
30,536 
27,370 
13,941 
26,227 
23,364 
19,277 
24,307 
30,131 
20,253 
39,201 
12,630 
29,458 
19,558 
18,366 
16,746 
24,920 
31,493 
24,379 
26,123 
17,829 
20,786 
21,498 



Number 
of Town- 
ships. 



12 
20 
14 

8 

4 
12 

5 
13 
14 
12 
10 
11 

9 
10 
14 

9 

12 
12 

8 
16 

y 

5 

li 

13 
8 
8 
13 
15 
9 
9 

13 
12 



APPENDIX B. 249 

Counties, Population and County Seats — Continued. 



Counties. 



Henry . 

Howard 

Huntington 

Jackson 

Jasper . 

Jay . . 

Jefferson 

Jennings 

Johnson 

Knox . 

Kosciusko 

Lagrange 

Lake . 

Laporte 

Lawrence 

Madison 

Marion 

Marshall 

Martin . 

Miami . 

Monroe 

Montgomery 

Morgan 

Newton 

Noble 

Ohio . 

Orange 

Owen 

Parke 

Perry 

Pike . 

Porter 

Posey 

Pulaski 

Putnam 

Randolph 

Ripley 

Rush 

Scott . 



Population of County Seats. 



2,697 
8,261 
7,328 
1,422 
1,455 
3,725 
8,936 

613 
3,781 
8,853 
3,574 
1,784 
1,907 
7,1-26 
3,351 
10,741 
105,436 
2,723 

738 
7,028 
4,018 
6,089 
2,680 

918 
1,229 
1,689 

607 
1868 
1,689 
1,991 
1,494 
5,090 
4,705 
1,215 
4,390 
3,014 

421 
3,475 

618 



New Castle 
Kokomo . 
Huntington 
Brownstown 
Renseelaer 
Portland . 
Madison . 
Vernon . . 
Franklin . 
Vincennes 
Warsaw . . 
Lagrange . 
Crown Point 
Laporte . . 
Bedford - . 
Anderson . 
Indianapolis 
Plymouth . 
Shoals . . 
Peru . . . 
Bloomington . 
Crawfordsville 
Martinsville 
Kentland . 
Albion . . 
Rising Sun 
Paoli . . . 
Spencer . . 
Rockville . 
Cannelton 
Petersburg!! 
Valparaiso 
Mr. Vernon 
Winamac . 
Greencastle 
Winchester 
Versailles . 
Ruphville . 
Scotteburgh 



Population 
of County. 



23,789 
26,186 
27,644 
24,139 
11,185 
23,478 
24,507 
14,608 
19,561 
28,044 
28,645 
15,615 
23,886 
34,445 
19,792 
36,487 
141,156 
23,818 
13,973 
25,823 
17,673 
28,025 
18,643 

8,803 
23,359 

4,955 
14,678 
15,040 
20,296 
18,240 
18544 
18,052 
21,529 
11,233 
22,335 
28,085 
19,350 
19,034 

7,833 



Number 
of Town- 
ships. 



250 APPENDIX B: 

Counties, Population and County Seats — Continued. 



Counties. 



Shelby . . 
Spencer . 
Starke . . 
St. Joseph 
Steuben . 
Sullivan . 
Switzerland 
Tippecanoe 
Tipton . . . 
Union . . . 
Vanderburgh 
Vermillion . 
Vigo .... 
Wabash . . 
Warren . . 
Warrick . . 
Washington 
Wayne . . 
AVells . . . 
White . . . 
Whitley . . 



Population of County Seats. 



5,451 

2,314 

790 

21,819 
1,840 
2.222 
1^63 

16,243 
2,697 
1314 

50,756 
551 

30,217 
5,105 
1027 
1,181 
1,975 

16,608 
3 589 
1,518 
3,027 



Shelbyville 
Rockport 
Knox . . 
South Bend 
Angola . . 
Sullivan . 
Vevay . . 
Lafayette 
Tipton . . 
Li berty . 
Evansville 
Newport 
Terre Hante 
Wabash 
William sport 
Boonville 
Salem . . 
Richmond 
Bluffton . 
Monticello 
Columbia City 



Population 
of County. 



25,454 
22,060 

7,339 
42,457 
14,478 
21,877 
12,514 
35,078 
18,157 

7,006 
59,809 
13,154 
50,195 
27,126 
10,955 
21,161 
18,619 
37,628 
21,514 
15,671 
17,768 



Number 
of Town- 
ships. 



13 

9 

9 

13 

12 

11 

6 

12 

6 

6 

8 

5 

12 

6 

12 

10 

13 

14 

9 

11 

10 



Population of Other Cities Having 4,000 or More Inhabitants. 



Cities. 


Counties. 


Populat'n, 
1890. 


Elkhart 

Michigan City - 

Hammond 


Elkhart 

Laporte 


11,360 
10,776 


Lake 


5,428 
5,337 


Sevmour 


Jackson 







INDEX TO TEXT. 



(References are to pages.) 



Accused, rights of 30, entitled to have 
witnesses 30. 

Adjutant General, militia see. 

Agriculture, State Board of, where 
located 196. 

Answer, defined 187. 

Appropriations, how made 80. 

Arms, right to hear 34. 

Arrest, Governor free from 67, Town 
Marshal makes 14. 

Attorney at law, who may be 184. 

Attorney General, deputy 82, duties 82, 
election 82, names of 244, report 82, 
salary 82. 

Auditor of State, appoints bank exam- 
iners 77, belongs to State Board of 
Tax Commissioners 76, clerks 76, 
controls insurance department 78, 
controls land department 77, dep- 
uty 76, duties 76, election 76, names 
of 240, salary 76. 

Bail, excessive forbidden 31. 

Bailiff, denned 103. 

Baker, Conrad, term of office 57. 

Ballot, elections see. 

Banks, appointment of examiners for 77 

Battle flags, where kept 85. 

Benevolent institutions, tax to pay 91. 

Bill, defined 45. 

Bill of rights, defined 22. 

Blind, institute for, location 92, offi- 
cers 92, tax for 91. 

Board of Children's Guardians, duties 
131. 



Board of County Commissioners, County 
Commissioners see. 

Board of Commissioners of Paroled Pris- 
oners, duties 128. 

Board of Health, State, duties 84, pow- 
ers 84. 

Board of State Charities, object of 87, 
powers 87. 

Bounties, tax for 169. 

Boys, Reform School for 127. 

Bridges, construction 140. 

Bureau of Statistics, chief of 86, powers 
85, salary of chief 86. 

Cahokia, early settlement of 8. 

Canals, how built 17. 

Charities, State Board of 87. 

Churches, early 17, support 25. 

Circuit Court, courts see. 

Cities, attorney for 121, civil engineer 
for 121, clerk of 118, common coun- 
cil 116, councilmen 116, Evansvillc 
122, fire department] 21, Fort Wayne 
122, incorporation 116, Indianapolis 
122, jails 125, lights 122, mayor's 
court 179, mayor's duties 118, officers 
116, police 119, power of common 
council 116, schools 144, seal of, who 
keeps 118, sewers, construction 120, 
streets, opening and repairing 120, 
taxes 119, taxes, how levied 168, 
treasurer of 119, waterworks 122. 

Clark, George W., captures Vincennes9. 

Glark's Grant, grant of land for 11, how 
surveyed 201, who made 11. 



252 



INDEX. 



Clerk of Circuit Court, duties 100, elec- 
tion 99, pay of 105, keeps seal of 
court 100. 

Clerk of Supreme Court, duties 182, elec- 
tion 182, names of 246, keeps seal of 
court 182. 

Colleges, Purdue 153, sectarian 154, State 
Normal 154, State University 153. 

Commissioner of Fisheries, appoint- 
ment 88, duties 88, salary 88. 

Complaint, denned 185. 

Congressional Townships, funds of for 
schools 148, survey of 197, township 
see. 

Constable, powers 179. 

Constitution, adoption 19, amendment 
20, bill of rights 22, convention for 
19, force and effect 21. 

Conviction of criminals, effect of 34. 

Corydon, capital of Indiana territory 13. 

Counties, boundaries 96, change of 
boundaries 96, number 96, oldest 96, 
must support poor 130, tax for, how 
levied 168. 

County Auditor, clerk for county com- 
missioners 98, 99, duties 99, election 
99, pay of 105, seal keeper 99, taxes 
duty as to 173, 174, makes tax dupli- 
cate 174, term of 99. 

County Commissioners, Board of, court 
98, election 98, pay of 98, powers 98, 
records 98. 

County Coroner, duties 103, election 103, 
pay of 104, term 104. 

County Clerk, see Clerk of Circuit Court. 

County Orders, treasurer pays 100. 

County Recorder, duties 101, election 
101, pay 105. 

County Seat, change of 97, courts held 
there 97, location 97. 

County Sheriff, duties 103, election 102, 
pay 105, term 103. 

County Surveyor, duties 104, election 

104, term 104. 

County Treasurer, collects taxes 100, 
175,176, duty 100, election 100, pay 

105, pays county orders 100, tax set- 
tlements 176. 



Courts, affidavit, what is 188, appellate 

182, answer defined 187, belong to 
judicial department 38, circuit 180, 
city 179, complaint defined 185, costs 
defined 191, county commissioners' 
98, county seat held at 97, criminal 
181, decree defined 190, defendant de- 
fined 185, demurer defined 187, exe- 
cution defined 191, finding defined 
192, foreman of jury 192, grand jury 
192, indictment defined 188, infor- 
mation defined 188, judgment de- 
fined 190, judge of, who may be 185, 
juror, who is 192, jury defined 191, 
justice of the peace 178, legal terms 
and names 185, mayor's 118, 179, 
necessity for 178, new trial defined 
190, open must be 29, order books 
defined 180, plaintiff defined 185, 
pleadings defined 188, police 180, 
reply defined 188, return defined 
186, sheriff of supreme court 182, 
subpoena defined 189, summons de- 
fined 186, superior 181, supreme 181, 
testimony defined 189, transcript de- 
fined 183, trials in supreme court 

183, verdict defined 189, warrant de- 
fined 188, witness who is 189. 

Criminals, conviction, effect in law 34. 

Dead body, coroner's duty as to 104. 

Deaf and Dumb, Institute for, location 
93, officers of 93, tax for 91. 

Debt, imprisonment for 32. 

Debtor, entitled to exemption 32, im- 
prisonment 32. 

Decree, defined 190. 

Deed, recording 101. 

Defendant, who is 185. 

Demurer, defined 187. 

Dentistry examiners, powers 195. 

Deputies, town marshal has 114, what 
officers have 105. 

Drains, commissioners of 142, construc- 
tion of ditches 142, repairing 143. 

Education, apportionment of school 
revenue 149, books for, how selected 
147, books for poor children 146, 
compulsory 145, enumeration of 



INDEX. 



253 



children 144, free schools are 147, 
funds for 148, graded or high schools 
146, Indiana State University 153, 
libraries for 152, number of school 
children 145, poor children 116, 
Purdue University 153, school build- 
ings 151, school city 144, school offi- 
cers 144, school section 148, school 
town 144, school township 144, State 
Normal 153, state superintendent 
146, superintendents of 146, taxes 
for 150, teachers number 148, trans- 
fer of children 144, truant officers 
145, 

Elections, ballots burning 161, ballots 
counting 161, ballots defined 157, 
ballots form 157, 159, ballots print- 
ing 158, canvassing vote 161, going 
near voting place 162, governor of 
53, 55, how to vote 159, naturaliza- 
tion 156, officers of 160, poll taking 
162, precincts 155, towns when held 
155, when held 155, who may vote 
156. 

Emigration, free 35. 

Equality, all men created equal 22, priv- 
ileges 33. 

Evansville, election in, when held 155. 
police court for 180, special charter 
for 122. 

Evidence, defined 189. 

Execution, defined 103, 191. 

Executive department, defined 36, 37. 

Exemption, debtor entitled to 32. 

Explorers, early 7. 

Expost facto laws, defined 33. 

Factory inspector, powers 196. 

Fair, State, 196. 

Feeble minded youth, school for 93, tax 
for 91. 

Fees, defined 106. 

Forfeitures, defined 64. 

Fort Sackville, captured 10. 

Fort Wayne, has special charter 122. 

Finding, defined 192. 

Fines, amount 31, remitting 64. 

Fire arms, carrying 34. 

First settlements, French 7, 



Fiscal year, defined 80. 

Fundamental law, constitution is 21. 

Fugitive from justice, duties of gov- 
ernor to 66, who are 66. 

Gaol, defined 124. 

General Assembly, appropriations 
makes 80, casting vote 44, commit- 
tees 45, House of Representative 39, 
journals printing 74, laws making 
45, laws printing 73, Lieutenant- 
Governor duties as to 42, 70, mem- 
bers election 39, members pay 41, 
members restrictions for 48, officers 
and employees 41, organizing 43, 44, 
powers to enact laws 39, presiding 
officer's duties 44. president of Sen- 
ate 42, resolutions may adopt 51, 
restrictions upon 48, Senate 39, sen- 
ators 40, sessions 41, speaker 42, 43, 
vetoing bill 46, voting 46, when 
meets 56. 

Geology, State Geologist 85. 

Girls, house of refuge for 127. 

Governor, arrest free from 67, assistants 

66, commissions issues 65, duties are 
many 60, election 53, 54, exemptions 

67, fugitives from justice duties as 
to 66, inauguration 58, message 60, 
militia commands 53, 61, 163, names 
applied to 53, oath of 59, pardons 
grants 61, portraits of where kept89, 
proclamation as to laws 48, qualifi- 
cations 53, repreives61, residence of 
65, resignation of 65. salary 65, seal 
of state keeps 72, secretary of 65, 
signs laws 46, vacancy in office of 57, 
vacancies in offices fills 64, veto 
power uses 46, who have been 236. 

Grand jury, defined 192. 

Grantee, defined 101. 

Grantor, defined 101. 

Great Charter, what is 22. 

Harrison, William H., Governor of Indi- 
ana Territory 12. 

Health, officer 84, State Board of 84. 

Highways, bridges 140, county lines on 
135, dedication 136, early state roads 
135, free gravel roads 139, location 



254 



INDEX. 



within county 133, location in more 
than one county 134, obstructing 141, 
opening 137, repairing or working 
137, tax for 139, turnpikes 139, vacat- 
ing 136, viewers for 133. 

History, early explorers 7, English cap- 
tures the territory 9, first settle- 
ments 7, Northwest Territory cap- 
tured 9. 

Hospital for insane, inmates 92, loca- 
tion 91, number 91, officers of 91, tax 
for 91. 

House of Representative, see General 
Assembly. 

Illinois Territory, creation 13. 

Impeachment, denned 62. 

Imprisonment, for debt forbidden 32. 

Inauguration, of Governor 58. 

Indiana, becomes a state 14, capitals 13, 
size 15. 

Indiana State Prison, location 125. 

Indiana State Reformatory, location 126. 

Indiana Territory, capital of 12, 13, cre- 
ation of 12. 

Indianapolis, capital of state 16, election 
in when held 155, police court for 
180, schools in 144, special charter 
of 122 

Indians, treaties with 15. 

Indictment, defined 188. 

Information, defined 188. 

Insane persons, how sent to hospital for 
insane 92. 

Insurance department, in Auditor of 
State's office 78. 

Jails, city may use county's 125, coun- 
ty's 124, persons confined in 124, 
town may use county's 125. 

Journals, documentary what are 74, 
General Assembly's 74, printing 74. 

Judge, who may be 185. 

Judges of Supreme Court, names of 242. 

Judicial department, defined 36, 38. 

Judgment, defined 190. 

Juror, who is 192. 

Jury, defined 191. 

Justice of the Peace, powers 178. 

Kaskaskia, early settlement of 8, 10. 



Knox County, oldest in State 96. 

Labor, Commissioners of 195, factory in- 
spector 196. 

Land department, duties 77. 

La Salle, Sieur de la, early explorer 7. 

Laws, distribution of session laws 47, 
enacting 45, enforcing 61, form 50, 
51, title 48, vetoing 46, when goes 
into force 47, written copies where 
kept 73. 

Libel, defined 28, slander see. 

Libraries, appointment of State Libra- 
rian 89, assistant for State Librarian 
89, duties of State Librarian 89, sal- 
ary of State Librarian 89, school 
library 152. 

Lieutenant Governor, becomes Gov- 
ernor when 57, duties 42, 70, elec- 
tion 69, names of 238, qualifications 
69, residence 70, salary 70. 

Lease, recording 101. 

Legislative department, defined 36, 37, 
General Assembly see. 

Lessee, defined 101. 

Lessor, defined 101. 

Levees, construction 143. 

Magna Charter, defined 22. 

Majority vote, defined 56. 

Mayor, city officer is 116, duties 118, 
holds courts 179, presides over city 
council 117. 

Mechanics' liens, defined 102. 

Medical Rigistration, Board of, powers 
165. 

Militia, Adjutant-General appointment 
165, arms for 164, commander-in- 
chief 61, 163, divisions 163, encamp- 
ment 164, Governor commands 61, 
168, name 163, officers 163, pay 165, 
Quartermaster-General 165, riots 
quelling 165, term of enlistment 165, 
uniforms for 164. 

Monument, soldiers' at capitol 193. 

Mortgage, recording 101. 

Mortgagee, defined 101. 

Mortgagor, defined 101. 

Natural rights, what are 22. 

Naturalization, defined 156. 



INDEX. 



255 



Newspapers, Western Sun the first in 
state 13. 

New trial, defined 190. 

Nobility, titles of 35. 

Northwest Territory, conquest 9, forma- 
tion 10, government 10, Indiana 
Territory taken from 12. 

Notary Public, appointment 106, duties 
106. 

Oath, Governor's 59, witnesses's 27. 

Offices, commissions for 65, disqualifica- 
tion for 107, lucrative 107, number 
one person may hold 106, vacancies 
how filled 64, women may hold 108. 

Orphan homes, county's 131, soldier's 94. 

Ouiatanon, early fort 8. 

Pardons, commuting 64, defined 62, 
fines remitting 64, forfeiture 64, 
parole 63, respite 63, State Board of 
61, treason for 62. 

Parole, defined 63, prisoners released 
upon 128. 

Penitentiary, Indiana State Penitenti- 
ary 125, 126. 

Plaintiff, who is 185. 

Pleadings, defined 188. 

Plurality vote, defined 56. 

Police, appointment 119, police courts 
180. 

Poor, Board of Children's Guardians for 
131, children 130, orphans' home 131, 
State Agent 131, support 130, tax for 
169. 

Population, of State 248. 

Powers, distribution 36. 

Printing, public how done 74. 

Prisons, boys' 127, girls' 127, Indiana 
Reformatory 126, Indiana State 
Prison 125, jails 124, women's 127. 

Prisoners, Board for Paroled Prisoners 
128, escaping a crime 124, jail con- 
fined in 124, release of 128, Sheriff 
takes to penitentiary 103, State 
prisons for 125, 126, workhouses for 
125. 

Proclamation, as to laws going into 
force 48. 

Property, compensation for 32. 



Prosecuting Attorney, election 184, 
salary 184. 

Public monies, how paid out 80. 

Punishment, cruel and unusual forbid- 
den 31, object of 31. 

Purdue University, location 153. 

Quartermaster-General, militia see. 

Eailroads, pay for right of way 32, tax 
for 169. 

Eay, James Brown, Governor became 42. 

Reform schools, boys for 127, girls for 
127. 

Religion, freedom of guaranteed 24, 
Sunday laws as to 26. 

Rentor, defined 101. 

Reply, defined 188. 

Reports, Auditor of State 77, Attorney- 
General 83, Bureau of Statistics 86, 
Secretary of State 72, 73, State Geol- 
ogist 85, State Superintendent 147, 
State Treasurer 80. 

Reporter of Supreme Court, election 
184, names of 247. 

Reprieve, defined 63. 

Resolutions, forms of 51, 52. 

Respite, defined 63. 

Rights, of the accused 30, Bill of Rights 
see. 

Riots, quelling 165. 

Road, highways see, National Road 17. 

Salaries, county officers' 105. 

Schools, education see. 

Seal, city's 118, county's 99, state's 72. 

Search, unreasonable 28, warrant for 29. 

Secretary of State, deputy 71, duties 71, 
election 71, laws publishes 73, names 
of 239, public printing attends to 74, 
salary 71, State seal keeps 72, taxes 
duty as to 73, term 71. 

Sections, described 199, 200. 

Senators, General Assembly see. 

Services, compensation for 32. 

Sewers, construction 120. 

Sheriff, county's 102, Supreme Court's 
182. 

Silk, bounty for 169. 

Slander, defined 28. 



256 



INDEX. 






Slavery, permitted in Indiana Territory 
13. 

Soldiers, home for 95, monument to 193, 
orphans' home 95, quartering 35. 

Speech, free guaranteed 28. 

State Board of Education, duties 147. 

State Geologist, duties 85, election 85. 

State House, size 17. 

State Normal School, location 153. 

State Superintendent of Public Instruc- 
tion, duties 146, election 146, names 
of 246. 

State University, location 153. 

Statutes, forms 50, 51. 

Streets, improvement 120, opening 120. 

Subpoena, defined 189. 

Summons, defined 186. 

Sunday, day of rest 26. 

Supreme Court, clerk of 182, judges of 
182, library of 90, names of judges 
242, power of 181, reporter of 184, 
trials in 183. 

Surveys, congressional 196, land how 
surveyed 196. 

Tax, appraisement of property for 171, 
assessors 170, benevolent institu- 
tion's tax 91,- city's 118, 119, 168, 
county's 168, County Auditor's duty 
173, 174, County Board of Review 172, 
collection 100, delinquent 175, 176, 
duplicates defined 174, highways 
139, how levied 167, kinds 168, neces- 
sity for 167, paying when 175, poll 
tax 168, property tax 168, property 
liable for 170, public purpose 169, 
sale of property for 176, school 150, 
settlements with County Treasurer 



177, State Board of Tax Commission- 
ers 173, town's 113, 168, township's 
111, 168, valuation of property 171. 

Testimony, defined 189. 

Tippecanoe Battle, when and where 
fought 14. 

Town, clerk's duties 114, creation 112, 
elections in 155, incorporation 112, 
jail 125, marshal's duty 114, officers 
of 113, schools 144, tax 113,168, treas- 
urer's duty 114, trustees' powers 113. 

Township, civil 110, congressional 109, 
196, dividing 109, how surveyed 197, 
largest 110, number in state 109, 110, 
school 110, 144, tax for 168. 

Township Trustee, described 109, duties 
111, election 110, pay 111. 

Transcript, defined 183. 

Treason, pardon for 62. 

Treasurer of State, deputy 79, duties 79, 
election 79, money how paid out 80, 
names of 241, salary of 79. 

United States Senators, names of 245. 

Verdict, defined 189. 

Veto, defined 46. 

Vi cennes, capital of Indiana Territory 
12, captured by Americans 10, first 
settlement 8. 

Wabash and Erie Canal, how built 18. 

Wabash River, Indian name of 7. 

Warrant, defined 188. 

Witness, accused entitled to 30, oath 27, 
qualifications 27, who is 189. 

Women, prison for 127, voting 157, what 
offices may hold 108. 

Year, fiscal what is 80. 

Youth's, Feeble Minded, Institute for, 
location of 93. 



668! 8T NVf 



